Classification of Law: International Activities (Essay Sample)
Describe and discuss the sources and classifications of law and how they relate to the biblical concept of justice. Include examples of each classification of law and discuss the legal priority of each source of law and how each relates to the other sources.source..
Classification of Law
Classification of Law
The law provides a base for public conscience, protection of individuals, states and international activities. The sources of laws are dependent on the area of utilization. The diversity of the sources of law ensures that most of the areas that are sensitive and in need of control measures for the public are taken into account. The sources of law include constitution, the statutes, and the cases (Hage, 2014). The constitutional law stemmed from the constitution and provides the fundamental source of law in any sovereign state or country. According to the US government, the constitutional laws are used in both the federal and state governments. The constitution offers protection to the private individuals and regulates the government activities in policy making and implementation. The statutory laws are subordinate and inferior to the constitutional laws. The statutes regulate private action. They are made into laws by the legislative assembly or by an act of the state citizens and are dependent on the regions. The case laws are judgments and directives from the judges that are based on the facts presented to the jury. The laws must not only be stable, but also not stand still to serve the governments and the citizens efficiently. The laws are classified according to public and private law, civil and criminal law, written and unwritten law, common law, and equity, municipal and international law and substantive and procedural law.
Civil laws focus on how the citizens relate within a system and provide an alternative remedy if a right of any citizen is breached (Koskenniemi, 2014). For instance, defamation, trespassing, being a nuisance, the law of Torts, contract and family could result to compensations in the damages caused. The case of Smith versus Jones presented a perfect enactment of the civil law. The criminal law regulates the crimes in the society. If a criminal act has been carried out, it has to be proven that the criminal act was done without any reasonable doubt so that the right person is punished. The criminal laws seek to punish acts and behaviors that are harmful to the public. The burden of proof rests on the prosecution as opposed to the civil law where the burden of proof rests on both the parties so as to establish their case. For instance, the criminal case of O.J Simpson and the People.
Substantive law deals specifically with an area of law. Such laws include the Penal Code and the Act Criminal Code Act (Rembar, 2015). The procedural laws are aimed at the processes foll...
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