Types of Law

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24 Terms

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Civil Law

Jurisdictions:

Code based

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Common Law

Jurisdictions:

Used in common wealth, judge-made laws

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Private Law

Governs matters of private concern and the relationships we have with other private individuals

  • tort

  • Contract law

  • Property law

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Public Law

Governs our relationship with the government and society as a whole

  • tax

  • Constitutional law

  • Criminal law

  • Regulatory laws

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Hierarchy sources of law

Top: Constitution

2nd: Legislature

3rd: Courts

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International Law

Public, private international law or conflict laws

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Public international law

Relationships between sovereign nations (treaties)

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Conflict of laws or private international law

In civil law countries, concerns which jurisdiction between private parties a legal dispute should be heard in.

And which jurisdiction’s law should be applied

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European Union law

The only example of a supranational law. Sovereign nations gathered authority in a system of courts and European Parliament.

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Supranational law

An internationally accepted legal system, other than the United Nations and the world trade organization.

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Constitutional and administrative law

Governs the affairs of the state.

Constitutional law concerns the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state.

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Criminal law

Pertains to crimes and punishment, penalties for offences found to have a sufficiently deleterious social impact but makes no moral judgment on an offender nor imposes restrictions that physically prevent people from committing a crime in the first place.

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Contract law

In common law jurisdictions, in order to create contracts it is necessary to: offer and acceptance, consideration and the intention to create legal relations

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Property law

Governs ownership and possession. ‘Real estate’ refers to ownership of land and things attached to it.

Personal property refers to everything else; move able objects (computers, cars jewelry etc)

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Labour law

Industrial relationship between worker, employer and trade union and involves the right to strike.

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Individual employment law

Workplace rights - job security, health and safety or a minimum wage

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Human rights law

Guarantee everyone’s basic freedoms and entitlements. (Universal declaration of human rights and charter of rights and freedoms etc..)

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Evidence law

Involves which materials are admissible in courts for a case to be built.

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Immigration and nationality law

The rights of foreigners to live and work, to acquire or lose citizenship in a nation-state/province that is not their own.

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Social security law

Refers to rights people have to social insurance (jobseeker’s insurance or housing benefits)

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Family law

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Transactional law

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Tax law

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Election Law

Deals with rules governing elections. Enables the translation of the will of people into functioning democracies.