Overview of Law

What is law?

The Law is a body of rules:

Divisions of Law

Law is divided into:

Criminal Law

The branch of law that defines crimes and provides for their punishment. A crime is regarded as an offence committed against the public, even though only one individual may have been wronged. A person accused of a criminal offence is prosecuted by the state. For the state to win the case the charge must be proven beyond reasonable doubt.

If the state's prosecution succeeds it will seek a punishment of the offender which may be a FINE or a term of IMPRISONMENT.

Criminal law is governed by statutes of parliament as is punishments for crime.

Civil Law

Civil law concerns TORT law and CONTRACT law. A tort is a civil wrong committed against an individual. The individual who is injured or who has suffered loss may pursue at his/her discretion a remedy, which may be damages or an injunction.

In a civil law court, the person who pursues a remedy (the person who has been wronged) is called the plaintiff. The person who is accused of having perpetrated the wrong is called the defendant.

Damages take the form of a monetary payment from the defendant to the plaintiff.

An injunction is a court order to do something (e.g. mend the broken fence) or to stop doing something (e.g. stop the production of book in which it is claimed tehre is a breach of copyright).

Unlike a crime, the plaintiff's case need only be proven on the balance of probabilities (i.e. that is easier than proving beyond all reasonable doubt).

How is law made?

 

Law Quiz
Video Tutorials for Excel