Thursday, 28 July 2022

Classification of Law- Civil, Criminal, Substantive, Procedural

 Classification of Law- Civil, Criminal, Substantive, Procedural 

Civil Law

It is a body of rules that defines and protects the private rights of citizens, offers legal remedies that may be sought in a dispute, and covers areas of law such as contracts, torts, property, and family law. It is derived from the laws of ancient Rome which used doctrines to develop a code that determined how legal issues would be decided. Further, it also expresses rights and duties of an individual and is also states remedies on the breach of those rights. It is also based on the principle of equity, good conscience, the general principle of law.

Criminal Law

What we call criminal law broadly refers to federal and state laws that make certain behavior illegal and punishable by imprisonment and/or fines. Our legal system is largely comprised of two different types of cases: civil and criminal. Civil cases are disputes between people regarding the legal duties and responsibilities they owe each other. Criminal cases, meanwhile, are charges pursued by prosecutors for violations of criminal statutes. Criminal law defines crime and describes punishment for them. It is necessary for the maintenance of law and order in the society.

It aims at prevention of crime and punishment of the wrongdoer. In a civilized society, crime is always considered to be a crime against the state and not only individual and that is why the state is always a party in a criminal proceeding and that is why it comes under public law. it includes felonies and misdemeanors. The standard of proof for crimes is “beyond a reasonable doubt.” Criminal law is governed by Indian Penal Code, Crpc, evidence Act etc.

Substantive Law

The part of the law that creates, defines, and regulates rights.  Substantive law is that law which defines right. It is concerned with the end which is administration of justice. The substantive law refers to all categories of public and private law, including the law of contracts, real property, torts, andCriminal Law. Law of Contract, Law of Torts, Law of property, negotiable intruments are all substantive law

Procedural Law

In order to help ensure that the laws are applied fairly, there are certain rules and procedures that must be enforced when a court hears any case, whether civil or criminal. This set of laws, rules, and procedures is known as “procedural law.” Procedural law derives the way to achieve the remedies whenever there is a breach of right. It is called ‘Law of Action’ as it governs the process of litigation.

The procedural law deals with how to meet the ends of the justice. Procedural law is the body of law that deals with the technical aspects, such as duties and procedures for obtaining redress for a wrong. Procedural law is the rules for conducting a legal action. This is in contrast to “substantive law,” which refers to the actual laws by which a crime may be charged, or which govern how the facts of the case will be accepted and presented. Civil Procedure Code and Criminal Procedure code are examples of Procedural Law

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