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CLASSIFICATION OF LAW

Law is classified into four different categories: –

1. Municipal Law and International Law
2. Public Law and Private Law
3. Substantive Law and Procedural Law
4. Civil Law and Criminal Law

1. Municipal Law and International Law

Municipal Law
Meaning of Municipal Law: – Municipal law is the law of that nation; it
is domestic law that governs the subjects of the state. This is contrary to
International law. Municipal Law regulates relations between the individuals
under the sway of the respective State and the relations between this State
and the respective individuals. State approves the law. It is generally regional
in nature as it is applied within the territory of the country itself.
Municipal law can be divided into: –
 Public law: – Public law is the part of law that governs relations between
legal persons and a government, between different institutions within a
state, between different branches of governments, as well as relationships
between persons that are of direct concern to society.
 Private law: – Private Law is concerned with the relationship between
individuals with one another or private relationship between citizens and
companies that are not of public importance.

International Law
Meaning of International law: – International law is a set of rules which
are binding between countries and aims to ensure security and peace among
various nations. It is an independent system of law existing outside the legal
framework of a particular state. International law has been incorporated into
national law by various countries such that the United States has declared that
all international law will be part of the nation’s law.
Even the UK has incorporated in its municipal laws and whenever there is a
conflict between international law and municipal law courts, decisions have to
be taken keeping in mind the harmonious construction between them.

International law can be classified into four: –

 Customary International law: – These are rules that have been in force since
ancient times between countries such as the law of the sea.

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 Treaty law: – These are rules made by treaties between two or more
countries.
 Public International law: – These are the rules that govern the conduct and
relations of the state with others.
 Private International law: – It contains rules and principles according to
which cases with foreign elements are decided.

DIFFERENCE BERTWEEN MUNICIPAL AND

INTERNETIONAL LAW

1.International law is primarily concerned with state relations,

although it is not exclusively so. Municipal legislation regulates
the interactions of individuals within the state as well as between
individuals and the state.

2. International law governs relations between members of the

States family of nations. Municipal law, on the other hand,
governs the relationships between individuals who are subject to
the jurisdiction of a particular state, as well as the relationships
that exist between this state and the individuals who are subject
to it.

3. The law of the nation is a law that governs the relationship

between sovereign states rather than above them. Municipal law,
on the other hand, is the law of the sovereign over persons as
subjects

4. International law is derived from states’ common will, its

objects are the states themselves, and its subject matter is
international affairs. Domestic law is derived from the sovereign’s
or state’s will, its subjects are persons within the state, and its
subject matter is the relationships between individuals and
government.

2. Public Law and Private Law

Public Law
Meaning of Public law: – Public law is the part of law that governs relations
between legal persons and a government, between different institutions
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within a state, between different branches of governments, as well as

relationships between persons that are of direct concern to society. The
activities of the state are regulated by public law.
It determines and controls the organization and functioning of the state and
also determines the relationship of the state with its subjects. The term ‘public’
means a state or a sovereign part of it or a body, or a person holding a
delegated authority under the state.

Public law can be further divided into: –

i. Constitutional Law: – Constitutional Law is the law that determines the
nature of the state and the structure of government. It is above and
supreme from the general law of the land. It describes the structure and
function of the three organs of the state. Ordinary law derives its value from
constitutional law.
ii. Administrative Law: – Administrative law is the body of law that gives
permission for the creation of public regulatory agencies and includes all the
laws, judicial decisions, and rules. This law is created by administrative
agencies and the purpose is to implement their powers and duties in the
form of rules, regulations, orders and decisions.
iii. Criminal Law: – It is the body of law that defines criminal offenses, regulates
the cognizance, create charges and trial of suspects, and also fixes the
methods of punishment and treatment applicable to convicted offenders. Its
purpose is to stop crime and punish the wrongdoer.

Private Law
Meaning of Private law: – Private law is the law that is predominantly concerned
with the rights and liabilities of individuals towards each other. The
involvement of the states in this area of law is restricted to providing a proper
method of resolving the dispute which has arisen. Therefore, the legal process
gets started by the citizen who is aggrieved and not by the state. Private law is
also known as‘civil law’ and often it is in contrast with criminal laws.Private
law is the branch of law that deals with the rights and duties of private
individuals and the relationship between them. Private law deals with the
rights and obligations of individuals, families, businesses and small groups and
exists to assist citizens in disputes involving private matters.
Further classification of private law is as follows: –
 Law of the person
 Property law
 Law of liability conflict of laws
The law of liability is divided into 3 classes: –
 The contracts

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 Quasi-contract
 Torts
Difference between Public and Private Law
S.NO. PUBLIC LAW PRIVATE LAW

. Public law deals with issues that affect the Private law deals with the rights and obligations of individuals, families,
general public or the state – society as a businesses and small groups and exists to assist citizens in disputes
whole. involving private matters.

. Public law includes inter-relationships Private law includes participation among private citizens.
between the state and the general
population.

. Public law consists of three subdivisions: Private law consists of the law of obligations and the law of torts.
Constitutional, administrative and criminal
law.

. Public law deals with a larger scope. Private law operates with a more specific scope.

. Public law focuses more on the issues that Private Law deals more with the issues affecting private individuals, or
affect the general public or the state itself. corporations.

3. Civil Law and Criminal Law

Civil Law
Meaning of Civil law: – The civil law deals with the private rights and duties
which arise between individuals in a country. The object of a civil action is to
correct the wrongdoing that has been committed. Enforcement of civil law is
the accountability of the individual who has committed the wrong and the
state is responsible to provide for the procedure to resolve the dispute. In case
of civil proceedings, the person who claims sues the defendant in the civil
court and asks for a remedy. The claimant will be successful in his claim if he is
able to prove his case. If the claimant is not successful, the defendant will not
be made liable for his actions.
Civil law deals with behavior that causes injury to an individual or other private
party, such as a corporation. Example of civil law is defamation, breach of
contract, negligence which is resulting in injury or death, and property
damage. In civil law, cases are initiated (suits are filed) by a private party (the
plaintiff); cases are usually decided by a judge; punishment almost always
consists of a monetary award and never consists of imprisonment; the plaintiff
must establish the defendant’s liability only according to the “preponderance
of evidence”; and defendants are not entitled to the same legal protections as
are the criminally accused.

Criminal Law
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Meaning of Criminal law: –Criminal law is the law that is connected with the act
of forbidding particular forms of wrongful conduct and imposing punishment on
those who engage in such acts. Criminal proceedings are usually brought in the
name of the State and are known as „prosecutions‟. It should be noted that
prosecutions may be assessed by a private individual or other bodies, such as
the trading standards department of the local authority but cannot undertake the
case of the prosecution.

In criminal cases there is a prosecutor who prosecutes the defendant for the
offence committed. The consequences of being proved guilty are so extreme
that the standard of proof is higher in criminal cases as compared to civil
scenarios.The allegations of a criminal conduct need to be proved beyond
reasonable doubt. If the prosecution successfully proves the guilt of the
defendant, hemight be punished by the court respectively.

Criminal law deals with behavior that can be recognized as a crime against the
public, society, or the state – even if the immediate victim is a person.
Examples of the same are murder, assault, theft and drunk driving. In criminal
law, it deals with looking after public interests. It involves punishing and
rehabilitating offenders, and protecting the society. The police and prosecutor
are hired by the government to put the criminal law into effect. Public funds
are used to pay for these services. If suppose you are the victim of the crime,
you report it to the police and then it is their duty to investigate the matter
and find the suspect. In most cases, if a charge has been properly presented
and if there is evidence supporting it, the Government, not the person who
complains of the incident, prosecutes it in the courts.
Difference between Civil and Criminal Law
No. Civil Law Criminal Law

Civil law deals with the disputes between Criminal law deals with crimes that are committed against
individuals, organizations, or between the two, in which society. Criminal law is the body of law that deals with crime
compensation is awarded to the victim. and the legal punishment of criminal offenses.

According to civil law, the wrongdoer has to pay It serves different degrees of punishment for the crime
compensation to the affected organization or person. committed.

Civil law deals with property, money, housing, divorce, Criminal law deals with serious crimes like murder, rape,
custody of a child in the event of a divorce, etc. arson, robbery, assault etc.

Civil law is initiated by a person or organization or also The government files a petition in a criminal law case.
known as the plaintiff. „

In the case of civil law, there is no punishment like As a matter of criminal law, the punishment is done according

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criminal law, but the aggrieved party receives to the severity of the offense or a fine can be imposed.
compensation and the dispute is resolved.

Criminal law is the body of law that deals with crime and “Beyond a reasonable doubt”: Burden of proof is always on
the legal punishment of criminal offenses. the state/government.

4. Substantive Law and Procedural Law

Substantive Law
Meaning of Substantive Law: – Substantive law, with regard to a specific subject,
defines the legal rights and relationship of people between themselves or
between them and the State. Any wrongdoing of an individual, group of
persons or the state against another will hold him liable to the others
accordingly. For the purpose of any substantive law, the wrongs could be
either civil or criminal. Substantive law refers to all forms of law both, public
and private including the law of contracts, property, torts and crimes of all
kinds. Substantive law is the law which governs the original rights and
obligations of individuals. Substantive law may derive from the common law,
statutes, or a constitution. For example, a claim to recover for breach of
contract or negligence or fraud would be a common law substantive right. This
law refers to the body of rules that determine the rights and obligations of
individuals and collective bodies.

Procedural Law
Meaning of Procedural Law: – Procedural law establishes the legal rules by which
substantive law is created, enforced and applied, especially in a court of law.
Procedural law refers to the different processes through which a case proceeds.
Procedural laws define the rules with which substantive laws may be enforced.

.No. Substantive Law Procedural Law

It establishes the rights, obligations and duties of other persons It follows the means and methods through which
or persons with the state. adequate legislation is enforced.

It has independent powers to decide the fate of each case. It has no independent authority to decide the fate of each
case.

This law cannot be applied in non-legal contexts. This law can be applied in both legal and non-legal
contexts.

It does not specifically deal with proceedings inside a court. It deals with what is happening inside the court.

These laws are regulated by Acts of Parliament or government These laws are regulated by statutory laws.
implementation.

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