Public law

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KINDS OF LAWS

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Most people are not aware of all the different kinds of law there are. There are laws against driving too fast, against making noise near a hospital, against setting fire to a building, and against robbing a store. There are laws that assure the quality of our food, laws that promote safety on our highways, and laws that require records to be kept of births and deaths.

One way to think of these many laws is to group them into two categories. These are public law and private law. Both of these groupings can be broken down into more specific kinds of law. As you read about these kinds of law, keep in mind that these categories sometimes overlap. Also, be careful not to confuse these kinds of laws with the way the courts will handle a dispute over a law should it arise. A case will be heard as either a criminal or a civil case, depending on the law in question. Criminal cases, you will remember, are those in which the government accuses a person of breaking the law. Such cases often involve offenses against the public safety. Civil cases deal with disputes between people or groups, or between people and the government. A dispute between two people over a property line is one example of such a case.

The first broad classification of law is public law. Public law is the set of laws that directly affects the government. Conflicts addressed by public law can be between the government and a person accused of a crime, for example. Such conflicts also can be between two levels of government, or between our government and the government of another country.

CONSTITUTIONAL LAW. Constitutional law is the set of laws found in a constitution. The laws found in the Constitution of the United States are the highest laws in the land. Laws that support state constitutions also are a part of constitutional law.

CRIMINAL LAW. Criminal law is, perhaps, the most familiar kind of law. Criminal law is the set of laws that describes what we should and should not do. Criminal law also includes the punishments set for people who break the law.

It is easy to see why criminal law would be a part of public law. It affects the government, of course, because it is the government that set the laws. But, the laws also affect society as a whole. They protect the public safety and maintain order. When a criminal law is broken, it affects not only the victim, but also the rest of society – the public.

ADMINISTRATIVE LAW. As you know, it is the duty of the executive branch to administer, or carry out, the laws. In practice, many of the day-to-day functions of government are carried out by the government bureaucracy. The many agencies and bureaus set up by the executive branch are a part of the bureaucracy. Each of these groups sets rules that help it carry out its work. These rules are part of administrative law. When a person and an administrative agency have a conflict, the court’s decision regarding that conflict also is included under administrative law.

INTERNATIONAL LAW. International law is the body of law that deals with our country and other countries. Any law that affects another government is considered a part of international law. Among these are laws concerning imports and exports, international fishing rights, and so on.

Дата добавления: 2014-11-29