Text 3 Branches of Law

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Law can be divided into two main branches: 1) private law and 2) public law. Private law deals with the rights and obligations people have in their relations with one another. Public law concerns the rights and obligations people have as members of society and citizens. Both private law and public law can be subdivided into several branches. However, the various branches of public and private law are closely related, and in many cases they overlap.

Private law determines a person’s legal rights and obligations in many kinds of activities that involve other people. Such activities include everything from borrowing or lending money to buying a home or signing a job contract.

Private law can be divided into several major branches according to the kinds of legal rights and obligations involved. The main branches are 1) contracted commercial law; 2) tort; 3) property law; 4) inheritance law; 5) family law; 6) commercial law. The dividing line between the various branches is not always clear, however. For example, many cases of property law also involve con-tract law.

Contract law sets rules on agreements to buy and sell items and services. It regulates the roles, relationships and obligations of parties engaging in the negotiation of a legal agreement.

A tort is a wrong or injury that a person suffers because of someone else’s action. The action may cause bodily harm; damage a person’s property, business, or reputation; or make unauthorized use of a person’s property. The victim may sue the person or persons responsible. The law of tort deals with the rights and obligations of the persons involved in such cases. Law of torts governs compensation for wrongful acts (negligence, nuisance, defamation, trespass, etc.)

Properly law states the rights and obligations that a person has when they buy, sell, or rent homes and land (called real property or realty), and objects (called personal property or personalty).

Inheritance law, or succession law, concerns the transfer of property upon the death of the owner. Nearly every country has basic inheritance laws, which list the relatives or other persons who have first rights of inheritance. But in most Western nations, people may will their property to persons other than those specified by law. In such cases, inheritance law also sets the rules for the making of wills.

Family law determines the legal rights and obligations of husbands and wives and of parents and children. It covers such matters as marriage, divorce, adoption, and child support.

Commercial law applies to the rights, relation and conduct of individuals and businesses involved in commercial trade. Commercial law can be classed together with contract and company law as business law.

Public law defines a person’s rights and obligations in relation to government. Public law also describes the various divisions of government and their powers.

Public law can be divided into four major branches: 1) criminal law,

2) constitutional law, 3) administrative law, and 4) international law. In many cases the branches of public law, like those in private law, can overlap. For example a violation administrative law may also be a violation of criminal law.

Criminal law (penal law) is the body of law which regulates governmental sanctions (such as imprisonment and/or fines) as retaliation for crimes against the social order.

Constitutional law deals with the important rights of the government, and its relationship with the people. It mainly involves the interpretation of the constitution, but also involves things like the powers of the different branches of government.

Administrative law is used by ordinary citizens who want to challenge decisions made by governments. It also involves things like regulations, and the operation of the administrative agencies that the president creates.

International law is used to set out the rules on how countries can act in areas such as trade, the environment, or military action. International law also governs the relations between citizens of different states and international organizations. Its two main sources are customary law and treaties. The Geneva Conventions on the conduct of war are an example of international law.

Answer the questions about the text.

1. What does private law deal with?

2. What does public law deal with?

3. What are the major branches of private law?

4. Is the dividing line between the various branches of private law always clear?

5. What are the major branches of public law?

6. What are the main sources of international law?