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Main Types of Law
David Ford Avon Ct
The Law
The broadest categories of law
are International Law and
Domestic Law
International Law
Includes laws that govern independent nations
in their relationships with one another.
– Created by custom
– Nations sign treaties and are considered binding
as law (Extradition, NATO, and NAFTA)
– Some organizations have international legal
status (UN and International Courts)
– Difficult to enforce international law
Domestic Law
Law that governs activity within a nation’s
borders.
– Nation’s law making authority comes from the
power to govern
– Power usually comes from a constitution or
monarchy
– Includes both case law and statute law
– All within a country’s borders are subject to that
nation’s laws
Divisions of Domestic Law
Domestic Law is divided into
substantive and procedural law
Substantive Law
Law that defines the rights, duties, and
obligations of citizens and government.
– Your conduct is governed by substantive law
– Examples include right to own and protect
property, entering into contracts, and the rules
of the road
Procedural Law
Law that prescribes the methods of enforcing
the rights and obligations of substantive law.
– Ensures that all citizens are treated fairly
– Ensures that neither the police nor courts act
arbitrarily
– Examples include proper procedures to gather
evidence, requirements for lawful arrest, and
trial procedures
Divisions of Substantive Law
Substantive law is divided into
Public and Private law
Public LawPublic Law
Divisions of Substantive LawDivisions of Substantive Law
Public Law
Regulates the relationship between
government and its citizens
Three categories of public law:
1) Administrative Law
2) Criminal Law
3) Constitutional Law
Types of Public Law
Administrative Law – Law related to the
relationship between people and
government departments, boards, and
agencies
Examples: Worker’s Compensation, Social
Assistance, and Health and Safety
Types of Public Law
Criminal Law – Law that identifies crimes and punishments as
described in the United States Code (federal law) & North
Carolina General Statutes (state law)
• Federal laws prohibit behavior such as bank robbery,
kidnapping and tax evasion.
• NC law prohibits behavior that causes harm to others, such
as murder, assault, and robbery
• Crimes are against society
Types of Public Law
Constitutional Law – Body of law dealing with the
distribution and exercise of government powers
• Overrides all other laws
• Limits the powers of government
• Divides power between the federal government
and the states
• Courts interpret these laws to ensure all others are
‘constitutional’
AnAn unenforced law (also symbolic law)unenforced law (also symbolic law)
is a crime which is illegal, but is usuallyis a crime which is illegal, but is usually
not penalized by a jurisdiction. It is anot penalized by a jurisdiction. It is a
law which is usually ignored by lawlaw which is usually ignored by law
enforcement, therefore such laws haveenforcement, therefore such laws have
no consequences.no consequences.
Types of Public Law
Divisions of Substantive Law
Private LawPrivate Law
Private Law (Civil Law)
Law governing the relationships between
private individuals and between individuals
and organizations
– Also known as civil or case law
– Excludes government organizations
– Regulates conduct and compensates who have been
harmed by the wrongful actions of others
– Refers to torts (civil injuries), contracts, property law,
and family law
Types of Private Law
Tort Law – Branch of civil law that holds
persons or private organizations responsible
for damage they cause another person as a
result of an accident or deliberate action
Types of Private Law
Contract Law – Branch of civil law that provides
rules regarding agreements between people
and businesses
Family Law – Deals with various aspects of
family life including marriage, property
division upon separation, and child custody
Types of Private Law
Wills and Estates (Estate Law) – Deals with the
division of property after death including if a
person dies without having a will
Property Law – Governs ownership rights in
property including the buying and selling of
real estate
Types of Private Law
Employment Law – Governs
employer/employee relations including
minimum age a person can work, restricting
the number of hours required to work, and
specifying the minimum wage
Thank You

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Main Types of Law Explained

  • 1. Main Types of Law David Ford Avon Ct
  • 2.
  • 3. The Law The broadest categories of law are International Law and Domestic Law
  • 4. International Law Includes laws that govern independent nations in their relationships with one another. – Created by custom – Nations sign treaties and are considered binding as law (Extradition, NATO, and NAFTA) – Some organizations have international legal status (UN and International Courts) – Difficult to enforce international law
  • 5. Domestic Law Law that governs activity within a nation’s borders. – Nation’s law making authority comes from the power to govern – Power usually comes from a constitution or monarchy – Includes both case law and statute law – All within a country’s borders are subject to that nation’s laws
  • 6. Divisions of Domestic Law Domestic Law is divided into substantive and procedural law
  • 7. Substantive Law Law that defines the rights, duties, and obligations of citizens and government. – Your conduct is governed by substantive law – Examples include right to own and protect property, entering into contracts, and the rules of the road
  • 8. Procedural Law Law that prescribes the methods of enforcing the rights and obligations of substantive law. – Ensures that all citizens are treated fairly – Ensures that neither the police nor courts act arbitrarily – Examples include proper procedures to gather evidence, requirements for lawful arrest, and trial procedures
  • 9. Divisions of Substantive Law Substantive law is divided into Public and Private law
  • 10. Public LawPublic Law Divisions of Substantive LawDivisions of Substantive Law
  • 11. Public Law Regulates the relationship between government and its citizens Three categories of public law: 1) Administrative Law 2) Criminal Law 3) Constitutional Law
  • 12. Types of Public Law Administrative Law – Law related to the relationship between people and government departments, boards, and agencies Examples: Worker’s Compensation, Social Assistance, and Health and Safety
  • 13. Types of Public Law Criminal Law – Law that identifies crimes and punishments as described in the United States Code (federal law) & North Carolina General Statutes (state law) • Federal laws prohibit behavior such as bank robbery, kidnapping and tax evasion. • NC law prohibits behavior that causes harm to others, such as murder, assault, and robbery • Crimes are against society
  • 14. Types of Public Law Constitutional Law – Body of law dealing with the distribution and exercise of government powers • Overrides all other laws • Limits the powers of government • Divides power between the federal government and the states • Courts interpret these laws to ensure all others are ‘constitutional’
  • 15. AnAn unenforced law (also symbolic law)unenforced law (also symbolic law) is a crime which is illegal, but is usuallyis a crime which is illegal, but is usually not penalized by a jurisdiction. It is anot penalized by a jurisdiction. It is a law which is usually ignored by lawlaw which is usually ignored by law enforcement, therefore such laws haveenforcement, therefore such laws have no consequences.no consequences. Types of Public Law
  • 16. Divisions of Substantive Law Private LawPrivate Law
  • 17. Private Law (Civil Law) Law governing the relationships between private individuals and between individuals and organizations – Also known as civil or case law – Excludes government organizations – Regulates conduct and compensates who have been harmed by the wrongful actions of others – Refers to torts (civil injuries), contracts, property law, and family law
  • 18. Types of Private Law Tort Law – Branch of civil law that holds persons or private organizations responsible for damage they cause another person as a result of an accident or deliberate action
  • 19. Types of Private Law Contract Law – Branch of civil law that provides rules regarding agreements between people and businesses Family Law – Deals with various aspects of family life including marriage, property division upon separation, and child custody
  • 20. Types of Private Law Wills and Estates (Estate Law) – Deals with the division of property after death including if a person dies without having a will Property Law – Governs ownership rights in property including the buying and selling of real estate
  • 21. Types of Private Law Employment Law – Governs employer/employee relations including minimum age a person can work, restricting the number of hours required to work, and specifying the minimum wage