Classification Of Law

What is classification of law?

Systematic arrangement of laws into categories.

Why is classification of law important?

It helps understand legal principles and their relationships.

What are the main classifications of law?

Public and private, substantive and procedural, municipal and international, civil and criminal.

What is public law?

Law regulating the State and its relations with individuals.

What are the three branches of public law?

Constitutional, criminal, and administrative law.

What is constitutional law?

Law determining the nature of the State and structure of government.

Is constitutional law superior to ordinary law?

Yes.

Is the British Constitution written or unwritten?

Traditionally unwritten.

What is criminal law?

Law defining offences and prescribing punishments.

Why is criminal law necessary?

To maintain law, order, and peace.

Why is crime a public wrong?

It affects society as a whole.

What is administrative law?

Law regulating administrative authorities and their powers.

What is the purpose of administrative law?

Concerned with governmental and administrative actions and process, and puts in a control mechanism

Give examples of administrative law legislation.

RTI Act 2005, Administrative Tribunals Act 1985, Lokpal Act 2013.

Why is administrative law not fully codified?

So authorities don’t misuse or abuse the powers.

What is private law?

Law regulating relations between private individuals.

What are the main branches of private law?

Contract, tort, property, and family law.

What is the aim of public law?

To protect public interests.

What is the aim of private law?

To protect private interests.

What is substantive law?

Statutory or written law that governs rights and obligations of those who are subject to it. It defines the legal relationship of people with other people or between them and the State.

What does substantive law determine?

Rights, obligations, offences, and punishments.

Give examples of substantive law.

BNS and Indian Contract Act 1872.

What is procedural law?

Law prescribing procedures for enforcing legal rights.

What does procedural law govern?

Conduct and determination of legal proceedings.

Give examples of procedural law.

BNSS, BSA, CPC, and Limitation Act.

What is the purpose of procedural law?

To ensure fair and uniform court proceedings.

How does procedural law ensure fairness?

By providing notice and a fair opportunity to present a case. Making sure that one party can’t unfairly surprise the other during litigation.

(I) They help courts conduct their business.
(II) They establish uniform procedures within the courts.
(III) They provide information and instruction to those appearing before the courts, whether they are advocates or the parties themselves.

What is the relationship between substantive and procedural law?

Procedural law facilitates enforcement of substantive law.

Which precedes the other?

Substantive law precedes procedural law.

What is the key difference between substantive and procedural law?

Substantive law defines rights

What governs how evidence is presented in court?

Procedural law.

What is international law?

Law governing relations between States and other international actors.

Who defined international law as the law of nations?

Professor L. Oppenheim.

According to Austin, is international law positive law?

No, because it lacks a common sovereign authority.

Why did Austin question international law as law?

It lacks a sovereign authority to command and enforce it.

According to Oppenheim, why is international law law?

States recognize it as law and do not deny its legal existence when violating it.

What are the two types of international law?

Public and private international law.

What is public international law?

Law governing relations between States.

What is private international law?

Law determining applicable law and jurisdiction in cross-border disputes.

What is another name for private international law?

Conflict of laws.

When does private international law apply?

When a dispute involves more than one country.

What is municipal law?

The domestic or internal law of a State.

What does municipal law govern?

Domestic affairs and relations within a State.

What are the two branches of municipal law?

Public law and private law.

What are the main sources of international law?

Treaties, customs, conventions, and general principles.

What is the primary source of municipal law?

Legislation.

What is monism?

The theory that international and domestic law form one universal legal system.

Who is associated with monism?

Hans Kelsen.

According to Kelsen, which law is superior in conflict?

He considered that there was a hierarchical relationship within the monist legal system, under which international law was superior.

What is dualism?

The theory that international and municipal law are separate systems.

Who are the proponents of dualism?

Triepel and Anzilotti.

Under dualism, what happens during a conflict of laws?

Municipal courts apply municipal law and international tribunals apply international law

What does Article 51(c) provide?

The State shall foster respect for international law and treaty obligations.

What does Article 253 empower Parliament to do?

Make laws implementing international agreements and treaties.

What is the principle in Jolly George Varghese v. Bank of Cochin 1980?

Treaty obligations require domestic legal incorporation to be enforceable as municipal law.

“until the municipal law is changed to accommodate the Covenant what binds the court is the former (municipal law), not the latter..”

What is the principle in ADM Jabalpur v. Shivkant Shukla 1976?

If two constructions of the municipal law are possible, The court should lean in favour of adopting such construction as would make the provisions of the it in harmony with the international law or treaty obligations.

What is the principle in Gramophone Company v. Birendra Bahadur Pandey 1984?

International law is followed unless it conflicts with domestic law.

What is the principle in Vishaka v. State of Rajasthan 1997?

Consistent international conventions may help interpret fundamental rights when domestic law is absent.

What is criminal law?

Law dealing with public wrongs and punishments.

What is civil law?

Law dealing with private rights and disputes.

Who are the parties in a criminal case?

Prosecution and accused.

Who are the parties in a civil case?

Plaintiff and defendant.

What is the standard of proof in criminal cases?

The prosecution must prove its case against the accused beyond reasonable doubt.

What is the standard of proof in civil cases?

Plaintiff needs only to prove his case till the standard of the balance of probability tilts in his favour and not beyond reasonable doubt.

What is the aim of criminal law?

To punish offenders and prevent crime.

What is the aim of civil law?

To compensate the injured party or protect their rights.

What are common criminal punishments?

Imprisonment, fine, or both.

What is a common civil remedy?

Damages or compensation.

Can civil cases generally be compromised?

Yes.

Can criminal cases generally be compromised?

Only where permitted by law.

Can an act be both a civil wrong and a crime?

Yes. Defamation or certain acts of assault.

What is concurrent liability?

An act creating both civil and criminal liability.

Why is the criminal standard of proof higher?

To protect against wrongful convictions.