Classifications of Law Quiz

Questions and Answers

What are the five classifications of law?

Public law vs private law

Substantive law vs procedural law

Common law vs statutory law

All of the above (correct)

Explain the difference between public and private law.

Public law is enacted by an authorized government body and applies to the general public, while private law is enacted by individuals and does not affect the general public.

Explain the difference between substantive and procedural law.

Substantive law creates rights and responsibilities, while procedural law provides the means for enforcing those rights.

Explain the difference between common law and statutory law.

Common law is based on case precedents and began in 1066 in England, while statutory law is passed by governmental bodies. Signup and view all the answers

What are the 7 things that a criminal case involves?

<ol> <li>Wrongs against society or individuals in society, 2. Brought on by the state, 3. Committed a crime if acted illegally, 4. Has a prosecution trial, 5. Government is the plaintiff, 6. Proven beyond a reasonable doubt, 7. If found guilty, conviction occurs.</li> </ol> Signup and view all the answers

What are the 6 things that a civil case involves?

<ol> <li>Interaction between individuals, 2. Enforcement of private rights, 3. Involves a lawsuit, 4. Plaintiff alleges a wrong by the defendant, 5. Preponderance of evidence standard, 6. Defendant liable if plaintiff prevails.</li> </ol> Signup and view all the answers

What are legal remedies?

Money Signup and view all the answers

What are equitable remedies?

Injunctions and specific performance. Signup and view all the answers

How is the law applied?

By filing a complaint, with a plaintiff and defendant tried before a judge or jury, leading to a judgment and monetary damages. Signup and view all the answers

What is equity?

A legal process initiated by filing a petition that does not allow for a jury, where a judge can provide remedies. Signup and view all the answers

What are the 6 equitable maxims?

<ol> <li>Treat others fairly, 2. The law will determine the outcome, 3. Act fairly and honestly, 4. Equitable relief when no legal remedy exists, 5. Fairness is more important than legal technicalities, 6. Do not neglect rights for an unreasonable period of time.</li> </ol> Signup and view all the answers

Study Notes

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.

Description

Test your knowledge on the major classifications of law including public vs private and substantive vs procedural law. This quiz covers the fundamentals of various legal concepts and distinctions that shape the legal system. Perfect for law students or anyone interested in legal principles.