Classifications of Law Quiz

Classifications of Law

• Five major classifications of law: public vs private, substantive vs procedural, common vs statutory, criminal vs civil, and law vs equity.

Public Law vs Private Law

• Public law governs relationships between individuals and the state; applicable to the general public (e.g., federal employment laws).
• Private law deals with relationships among individuals and does not affect the general public (e.g., lease agreements).

Substantive Law vs Procedural Law

• Substantive law defines rights and responsibilities, such as constitutional rights.
• Procedural law outlines the processes for enforcing these rights, including due process and rules of evidence.

Common Law vs Statutory Law

• Common law originates from judicial decisions and follows the principle of stare decisis, established in England in 1066.
• Statutory law consists of laws enacted by legislative bodies.

Elements of a Criminal Case

• Involves wrongs against society or individuals within society.
• Typically initiated by the state rather than an individual.
• A defendant is prosecuted for committing a crime in violation of criminal law.
• Requires a trial with a government plaintiff, proving guilt beyond a reasonable doubt.
• A guilty verdict results in a conviction.

Elements of a Civil Case

• Focuses on interactions between individuals, enforcing private rights.
• Initiated through a lawsuit, where the plaintiff claims to have suffered wrong.
• The standard of proof is "more likely than not," supported by evidence.
• If successful, the defendant is held liable to the plaintiff.

Legal Remedies

• Legal remedies primarily involve monetary compensation for damages.

Equitable Remedies

• Include injunctions and specific performance, provided when no legal remedy is adequate.
• Serve as orders compelling or prohibiting certain actions.

Application of the Law

• The process begins with filing a complaint, involving both a plaintiff and defendant.
• Cases are tried before a judge or jury, resulting in a judgment that may include monetary damages.

Equity

• Initiated with a petition involving a petitioner and respondent, without jury entitlement.
• Results in a decree, which may include remedies like injunctions, rescission, or specific performance.

Equitable Maxims

• Emphasize fairness in dealings, and the law will guide outcomes.
• Relief is granted when no legal remedy exists, prioritizing fairness over legal technicalities.
• Rights should not be neglected over an unreasonable duration.