The Nature of law.
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The Nature of law What Is Meant By Law It is difficult to be precise as to what law is, but it may be defined as a code of conduct for the people in a given community, which controls their activities towards each other, with respect to their private and business lines, and to their relationship with the state. Divisions of Law English law is usually classified as being either public or private law. 1. Public Law Public law is the law which governs the relationship between the state and individual members within the state, and between one state and another. This division of law comprises several specialist classes of law such as: a) Criminal Law Crime affects the whole community and as offences are considered to be against the state, they are punished by a system laid down and administered by the state. Criminal law is designed to protect the public from attack on their individual property or persons, and to enable any individual or group of individuals to perform their rights and duties under the law. b) Constitutional law This branch of law deals with the method of government within the state. Constitutional law affects the general public, in that it provides for the legislature (in this country The Houses of Parliament), the formation of the Executive (the Cabinet), the courts and legal system (the judiciary)
The main classes of civil law are as follows: Law of Contract Agreement between two or more persons which is intended to be legally binding. Law of Tort A recognised civil wrong, other then a breach of contract or trust. Tort cover such wrongs as trespass, negligence, nuisance and defamation. Law of Property The rights of individuals to ownership and possessions of their property, both land and personal property (chattels). The law of succession deals with Wills and how property is distributed after death. Family Law The law concerning marriages, divorce and separation, and the responsibilities, and duties of parents to each other and to their children. Welfare Law Administrative law deals with disputes arising from the provision of state benefits, welfare law is concerned with the rights of individuals to obtain state benefits, and the rights and duties of parties with respect to housing and employment. Sources of law Where does the law come from. In English law the law comes from two main sources, legislation (acts of parliament) and judicial precedent, the decision of judges. Judicial precedent Judicial precedent or case law as it is often called is the source of a large part of common law and equity. The law is judge made, in that when a judge makes a decision in a court case on a particular aspect of law, other judges may be bound to follow this decision in subsequent cases.
The Divisional Court's of the High Court These courts are bound by the decision of the House of Lords and Court of Appeal. The civil divisional courts are bound by their own previous decisions, but the Divisional Court of the Queen's Bench Division (which deals with criminals matters) is not so strictly help to its previous decisions. Decisions of divisional court of binding on judges of the same division of the High Court sitting alone, and on the inferior courts. The High Court's Decisions of cases of first instances, Where the judge sits alone, are binding on the inferior courts but are not binding on other High Court judges. A previous decision of a High Court judge may be treated as a persuasive precedent but will not be binding in other High Court cases. It is suggested that this also applies to High Court judges sitting in the Crown Court, but does not apply to Circuit judges or recorders, and they would be bound by previous decisions of a High Court judge. Decisions of the House of Lords, Courts of Appeal and Divisional Court of the High Court of generally binding on these courts. The Inferior Courts The county courts and the magistrates courts are bound by decisions of the superior courts. The inferior courts are not bound by their own decisions as they cannot create a precedent.
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