Classification of Law: differentiating between criminal, civil, and public law.
Criminal Law
- Definition: Concerns offences against the state or public, as opposed to private disputes.
- Purpose: Maintains law and order, deterring and punishing wrongdoers.
- Parties Involved: Usually involves the state prosecuting an individual or organisation.
- Burden of Proof: Falls on the prosecution, which must prove the case beyond reasonable doubt.
- Sanctions: Includes imprisonment, fines, community service, and other penalties.
Civil Law
- Definition: Concerns disputes between private individuals or organisations.
- Purpose: Provides a means for individuals to claim compensation or enforce rights.
- Parties Involved: Known as the claimant (formerly plaintiff) and the defendant.
- Burden of Proof: Lies on the claimant, who must prove their case on the balance of probabilities.
- Sanctions: Typically involves compensation (damages) or specific performance orders.
Public Law
- Definition: Governs the relationship between individuals and the state, and the structure of government.
- Subcategories:
- Constitutional Law: Addresses the structure and functions of various arms of the government.
- Administrative Law: Regulates the actions of government agencies.
- Criminal Law: Oversees crimes and punishments, a key aspect of public law.
- Purpose: Ensures that public bodies act lawfully and provides mechanisms to challenge decisions.
Understanding the distinctions between these main types of law is essential for analysing and applying legal principles within the English legal system.