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Law can be classified as international or national (domestic). International law can be divided into a) public international law, which governs relationships between countries, and b) private internal law, which governs which countrys law should apply to individuals where there are links with at least two different countries, eg. which countrys law should govern who inherits on a persons death.
National law can also be divided into public law and private law. Public law involves the State in some way, while private (civil) law controls the relationships between individuals. National public law can be divided into : - constitutional law; - administrative law; - criminal law.
Classification by Source
1. European Union law that which emanates from the Institutions of the EU. This can overrule national law (R v Secretary of State for Transport ex parte Factortame (1991)). 2. Statutory law- that made by an Act of Parliament, eg. Access to Justice Act 1999.
Distinguishes it from 2. Laws made by a legislative body such as Acts of Parliament (statutory law)
3. The law operated in the common law courts before the reorganisation of the court structure in 187375
Different Meanings 4. Common law systemsthose following the English case-based system (mainly US and Commonwealth countries)
Distinguishes it from 4. Civil law systems- those operated in European countries influenced by Roman law and which are largely code based.
Purpose
Criminal
Sentences eg. Imprisonment Community penalty fines Prosecution/ defendant Charging defendant Finding of guilt
Terminology
Note that in some areas the distinction between civil and criminal law can be blurred. 1. Contempt of court in a civil case may lead to a prison sentence. 2. Orders such as antisocial behaviour orders (s.1 Crime & Disorder Act 1998) are initially civil orders but, if broken, become criminal law