Discuss the difference between private and public law. (100-200 words)
Private law and public law are terms that are used to distinguish between theories of law.
Private law is a segment of law that governs the relationships and disputes between the private citizens of the country. This branch is responsible for regulating the peace between the citizens of the state, including private companies. Private law is also known as Civil Law and covers areas such as: Contract law or law of obligations, Law of torts, Property Law, Commercial Law, Competition Law, Family Law, Labor Law and Corporations law.
Public law is a segment of law that governs the relationship between individuals and the state. This branch is responsible for regulating and maintaining the peace between the citizens and the state or government. In some cases, the public statutes are also known as law of the public order, as breaking any of these statutes results in the criminal offence. Breaking a private law is considered as a criminal offence and can result in the defendant being incarcerated.
Define each of the following private laws using your online textbook on Echo or Google
Contract law or law of obligations
The law of obligations is one branch of private law under the civil law legal system and so-called "mixed" legal systems. It is the body of rules that organizes and regulates the rights and duties arising between individuals. The specific rights and duties are referred to as obligations, and
The production of law is left to the administrative limb, or Congress. The execution of the law is the employment of the official extension. The elucidation of law is the territory of the legal
A world without laws would take us back to the stone age meaning without them we would be lost. The definition of criminal law is a system of law concerned with the punishment of those who commit crimes. Having a sense of morality is a necessity when concerning law and also the main purpose of law. Laws let us know what is right and wrong and minimizes mischief to individuals in society. Lippman (2013) revealed The New York criminal code that sets out the basic purposes of criminal which are: • Harm.
Laws play a very important role in the up rising of a nation. Justice is the value of those laws from an impartial standpoint. The laws consisted of 282 provisions arranged under multiple subjects from family, personal property to trade and business. These laws established penalties with the philosophy that the punishment should fit the crime.
An example of a public law are laws against murder. Killing someone is a criminal offence, which is under the public law category, since someone within a society dies, and it could potentially post danger to other members of
Laws are for the good of people for not doing a crime and getting punishment for doing a crime. One of the main laws was the feudal law. It was an agreement with a lord and his vassals. A vassal had to do military and political service while a lord had to give the vassal a grant of land. The decline of feudalism happened when vassals would team up with other vassals and override the power of the king.
The definition of law is a system of rules that a community or country set to regulate the people apart of it. To make a law, the first step is to create a bill. A bill is proposal for a new law. Once the bill is created, it must make its way through congress. There are two stages for the bill to go through.
1. The difference between law and regulation is that law provides guidelines and setup rules in order to govern the behavior. Laws are created as ideas that go through a long process such as balances and checks in order to be voted and become a law. All laws must be obeyed and followed. Breaking law results severe consequences.
In a democracy, the rule of law defends the rights of citizens, upholds order, and bounds the power of government. All people are equal under the law. The rule of law. Martin Krygier, Professor of Law at the University of New South Wales, argues that there are four essential principles underlying the rule of law. They are universality of the scope of the law, clarity for all citizens, supportive and culturally appropriate institutions and an appropriate legal culture.
The establishment of law and order far and wide across the United States, was for one main reason: to maintain the peace and order of this country. Laws are designed to keep us safe not only from each other but from the government as well. It is very important that the laws be followed by each and every individual in society, in order to insure maximum efficiency and security, this however is nearly impossible, due to the variable of human behavior. Laws are designed in the manner to protect from human action or otherwise known (or speculated) natural results. It is a simple way of avoiding cause in order to not deal with the effect of an action.
The relationship between the law and society affects everyone and everything. How the law is written and how it is acted upon in society are two different things. It is imperative, therefore, that we as citizens pay attention to and understand the importance of the relationship between the law and society as it affects both our own lives and the lives of those around us. We engage in and witness the power of the law and society everyday. The law is personal, however, the law is also discretionary depending on where you look.
When it comes to policing there is a huge struggle power struggle between individual rights and public order. You want to keep individual rights, but you also want to keep public order while keeping the public safe. It may seem hard to keep the balance between these two, but doing so is of utter importance. Here are some examples of why it can be hard to balance individual rights and public order when dealing with policing.
Are we obligated to obey unjust laws? Laws are important because they are guidelines for a state. Without laws citizens would not know how to act and cause harm to others. Laws are aimed at common good and keep a society together and functioning.
DEFINITION OF LAW: Law is outlined as the principles and regulations set by the governing authority, and have binding legal forces. It must be endorsed and obeyed by the citizens, subject to penalties or legal consequences. It depicts the will of the supreme power of the state. The basic purpose of law is to regulate the society, to safeguard and shield the rights of people and to resolve conflicts. It acts as barrier is preventing people from behaving in a negative manner that affects the rights and quality of life other people, hence violation of law implies the punishment of lawbreakers Dysfunction of Law: Dysfunction of law means failed to abide by the law.
Law is present in our daily life and in everything we do. We cannot think a second without law. Whatever we can see around us everything is connected with the law. Sometimes we can see it and sometimes we cannot see but feel it. Law is not just a thing to obey for yourself but making a peaceful society.
Self-defence is an act of defending yourself or others against means of harm or in the action of crime prevention. As defined under Section 3 of the Criminal Law Act 1967 it states that ‘a person may use such force as is reasonable in the circumstances in the prevention of crime. Self-defence is also mentioned in the Criminal Justice and Immigration Act 2008. The CJIA Section 76(1) provides that ‘in deciding whether the force used is reasonable, considerations must be taken into account so far as relevant in the circumstances of the case’. Self-defence is split into two sections, private defence and public defence.