The study of law encompasses various categories that define the legal landscape. Among these, Private Law and Public Law are foundational pillars, each addressing distinct aspects of legal relationships and governance.
Private Law and Public Law
(1) Private Law: This field focuses on the interactions and relationships between private entities, such as individuals, businesses, and organizations. It governs the legal disputes and agreements in the private sector, ensuring justice and fairness in personal and commercial relationships. Examples include contracts, property rights, and torts.
(2) Public Law: It concerns government and public bodies’ structure, operations, and functions. It regulates the relationship between individuals and the state, encompassing constitutional, administrative, and criminal law. While Public Law might seem less relevant to corporate law studies, it’s integral in understanding the legal framework within which businesses operate, especially in matters like compliance with planning rules.
Criminal and Civil Law
(1) Criminal Law: A subset of Public Law, Criminal Law deals with actions deemed harmful or undesirable by the state. It aims to deter and punish conduct that threatens public safety and order. In criminal cases, the state acts as the prosecutor, reflecting the societal interest in preventing and penalizing crime. Conviction requires proving the accused’s guilt beyond a reasonable doubt, with potential penalties including fines, imprisonment, or community service.
(2) Civil Law: Operating within the realm of Private Law, Civil Law addresses disputes over rights and obligations between individuals or entities. It seeks to resolve conflicts and provide compensation to aggrieved parties rather than punish them. Civil cases hinge on the balance of probabilities, with the claimant needing to demonstrate that their claim is more likely true. Civil law encompasses various issues, from contractual agreements to personal injury claims.
Distinction Between Criminal and Civil Cases
The differentiation between criminal and civil cases is not based on the act but on the legal consequences and subsequent proceedings. A single incident can lead to criminal and civil actions, illustrated by the example of a pedestrian injured by a speeding driver. The driver may face criminal prosecution for violating traffic laws and a civil lawsuit for compensation by the injured party.
Key differences include:
Jurisdiction and Courts: Criminal and civil cases are heard in different courts, with specific rules governing each.
Procedures and Evidence: The procedural rules and standards for evidence vary, with criminal cases requiring a higher standard of proof and stricter evidence rules.
Terminology: The language used in legal proceedings differs, reflecting the distinct nature of criminal and civil law. For instance, parties in civil cases are called claimants and defendants, whereas in criminal cases, we have the prosecution and the accused.