THE SUBJECT-MATTER OF THE LEGAL SYSTEMS

Sunday, September 13, 2009

Another way of classifying and understanding the law is to consider what subject-matters it deals with. Lawyers often divide the law and the legal system into two:



Criminal Law
One category is the criminal law - the law dealing with crimes. Cases are called prosecutions. The case is instituted by the prosecutor - normally now a representative of the Crown Prosecution Service, who takes over the case from the police who have already charged the defendant (or accused) with specified crimes. A criminal wrong is seen as a public wrong - a wrong against the community as a whole and indeed the state. So, cases are brought in the name of the monarch (the Head of State). To be prosecuted for a crime is a serious matter, so the case must be proven by the prosecutor to a high standard - beyond reasonable doubt - which means almost certainty. Since the case is handled by a public agency on behalf of the Crown, it follows that the victim of the crime is a relatively peripheral figure in the process and has little control over it, though some steps are now being taken to have more regard for victims rights

Civil Law

The civil law is much more wide-ranging, though it produces fewer cases in court (though this is largely because most are settled before they reach court). The civil law includes, for example:



the law of contract (buying a bus ticket or an Oasis CD involves entering into a contract). Much of commercial law falls into this area, and it includes many specialised areas - banking, bankruptcy, insurance, shipping and so on.

the law of torts. Torts are civil wrongs - forms of unacceptable behaviour actionable in court, including trespass to land or defamatory statements.

family law deals with issues to do with marriage and children

the law of property - this concerns the ownership of land and personal property and transactions relating to them. More specialised areas include the creation and protection of intellectual property and the establishment of trusts (property held on behalf of others) and the distribution of property of deceased persons.

Civil cases are brought by plaintiffs, who are usually private individuals or companies but may also be government departments. If the case is proven (on the balance of probabilities- meaning that one is more sure than not), the defendant normally compensates the plaintiff by the payment of damages (money). Sometimes, the plaintiff may be able to obtain a court order to stop the defendant from committing further intrusions or attacks - this is called an injunction.