Kinds of law
The main purpose of private law is to resolve the dispute between two individual which might have occurred due to the tort , property issue , any obligation . Law that are related to private laws are contract laws , property Act , tort , obligation .
- The law for person
- The law of property
- the law of obligation
- The conflict of law
Illustration – A wanted to sell his 3 years old Honda car , in perfect working condition for Rs.3,00,000 . B decided to buy and they both entered into the contract . B didn’t pay immediately but told he would pay within a month of purchase . He used the car for a month a returned it to be , saying he doesn’t need the car .
A approached the court .
Hence , the key factors here we can consider for private laws are
- Contract law
- Dispute between two individual
- no society or neighbors are getting affected by this dispute
Public law deals with public bodies of central and state and is applicable to all the citizens.
It deals with the conduct of such bodies and their performances and functions .
The 5 main categories of public laws
- Constitution law
- Administrative law
Their are not for two individual involved in it but is applicable to the entire state , so is highly required politically . The crime is specifically mentioned , it renders equality and uniform for every citizen , there is no bias in justice for a particular person , the rules are equal for every state. Their are penal sanctions under these laws , which provides punishment to the criminal offenders.
General laws are applicable to all the person of the state
- Statue law – Made by legislation ( Supreme legislation – made directly by the parliament / sub ordinate legislation – delegated authority given to government ministers to make laws)
-Equity law and common laws are the general laws of England
Special laws are applicable under certain and specific circumstance as they are exception in nature . General law and ordinary laws are kept aloof from special laws.
Local laws – it is applicable for particular location or certain part of the states
For example – corporation law
Foreign laws – Civil cases having foreign elements
Martial laws – It is applicable for military tribunals for peace and war .
Conventional laws – it is applicable in the case of partnership deeds and agreements between two parties and not all the citizens are involved .
Autonomous laws – Bodies outside the system of government , when make their own set of laws such as – university, transport corporation etc .
Territorial law (lex loci) – it is applicable on all the citizens who are residing in a particular territory.Applies for all those who lives in that territory of state irrespective of their personal status.( IPC , CrPC )
It has three parts Executive , legislative and judiciary and it deals fundamental governing structure .