Law can be classified in multifarious ways however, the classification of law among other reasons as essentially to: enable one to know the relationship between or among different laws; to enable one to know the hierarchy of the different types of laws in a given State, County or geographical entity; or to ensure the simplicity and understanding of the study of law.
All laws can
therefore be classified into:
1. Public and Private Law.
2. Civil and Criminal Law.
3. International and Municipal or Domestic
Law.
4. Common Law and Equity.
5. Substantive and Procedural or Adjectival
Law.
6. Written and Unwritten Law.
PUBLIC LAW
A public law is a law
that applies to the public or person of a country in general. It is the law
that governs the relationship between the State and the citizens or persons who
comprises of the State. Public law is also concerned with the structure,
operations, rights and duties of government and its relationship with
individuals and bodies in the society. It deals with political issues and
conditions such as powers, rights, duties, capacities and incapacities of
institutions, authorities, public officers and persons. Examples of public law
include: Constitutional Law, Administrative Law, Criminal Law, International Law
and Law of Evidence etc.
PRIVATE LAW
Unlike public law, private law is a branch of law which is concerned with the legal relationships between private individuals, association of persons and corporate bodies and their rights and duties. A private law may operate and affect only an individual or a few people that are concerned. An example of private laws include: Law of Contract, Law of Torts, Consumer Protection Law, Family Law, Inheritance or Will Law, Law of Succession, Law of Trust and Commercial Law etc.
CIVIL LAW
The word “civil law”
has several meanings. It may mean the law that is not criminal law or it may
mean common law. Civil law can therefore be defined as the branch of law which
defines the rights and duties of persons to one another and provides a system
whereby an individual who is injured by the wrongful act of another can be
compensated for the damage he has suffered. Thus, civil law is the whole body
of civil and public law except criminal law. Generally, all laws including
criminal law, military law and martial or emergency law are civil law. Examples
of civil law include: Law of Contract, Land Law, Law of Torts, Administrative
Law, Commercial Law and Company Law etc. most of which deal with civil wrongs.
A civil wrong is an act or omission in respect of which legal proceedings may
be brought by a plaintiff against a defendant for the enforcement of certain
rights.
CRIMINAL LAW
Criminal law is the
law of crimes. A crime is an act or omission which is prohibited and punishable
by the State. A crime is also an offence that endangers public interest.
Criminal law is therefore that branch of law that seeks to protect the interest
of the public at large by punishing certain conducts which are believed to be
an offence or harmful to the society. Criminal law is essentially designed for
the purpose of preventing crime or harm towards a person, property, society or
the State as a whole.
Criminal law is
usually codified as statute law into the Penal Code and Criminal Code Law. In
Nigeria for instance, criminal law is completely codified or written in the
form of criminal code for the south and penal code for the North. Indeed, it is
constitutional in Nigeria. In this regard, section 36(12) of the 1999
constitution (as amended) stipulates thus:
Subject as otherwise provided by the
Constitution, a person shall not be convicted of a criminal offence unless that
offence is defined and the penalty therefore is prescribed in a written law,
and in this subsection, a written law refers to an Act of the National Assembly
or a law of a State, any subsidiary legislation or instrument under the
provisions of a law.
In Aoko
v Fagbemi, the accused was convicted of adultery in a customary court. On
application to a High Court, the conviction was quashed because it violated the
applicant’s constitutional right in as much
as she has not violated any written law.
By implication in Nigeria, no act or omission is stated to be a crime under a written law in force. However, this requirement of “written law” does not extent to civil wrongs.
DIFFERENCES BETWEEN CRIMINAL LAW AND CIVIL LAW
i. In criminal matters or proceedings, the initiator is called the complainant or
prosecutor, while the other party is called the accused. In civil matters or
proceedings, the initiator is called the plaintiff while the adverse party is
called the defendant.
ii. The
penalty under criminal proceeding is punishment whereas the penalty in civil
proceedings is compensation.
iii. The
trial procedure under criminal law is criminal procedure while under civil law
is called civil procedure.
iv. In
criminal proceeding the prosecutor is required to prove his case beyong
reasonable doubt in order to get the accused convicted. In this regard, section
36(5) of the Nigerian 1999 Constitution (as amended) stipulates thus: “Every person who is charged with a criminal
offence shall be presumed to be innocent until he is proved guilty.”
However, in civil proceeding, the
standard of proof is based on preponderance of evidence – balance of
probabilities. This means that in criminal trial, the judge must be certain
that the accused committed the alleged offence before conviction, but in civil
proceedings that is not the always the case, the judge gives judgment to that
party whose version of the argument he believes more.
v. In
criminal proceeding, the State automatically enforces the judgment of the
Court. However, in civil proceedings, the judgment creditor takes steps to
enforce the judgment of the court by enlisting the enforcement machinery of the
State through the deputy Sheriff of the Court to enforce judgment.
INTERNATIONAL
LAW
International law is an aspect of law
which governs relations between nations or sovereign States or between such
nations and international organisations. It is the body of rules developed from
customs, practices, bi-lateral and multi-lateral agreements which regulates the
conduct of the nations and international organisations and their relationship
with persons whether natural or juristic. In Trendex Trading Corp v Central Bank of Nigeria, Denning LG defined international law as
the sum of rules or usages which civilized States have agreed and shall be
binding upon them in their dealings with one another.
International law has a great moral
force. It is enforced by the Comity of Nations and International Organisations
through various means which includes: economic sanctions, severance of
relations or ties, passing of a resolution or vote of censure or condemnation,
Arbitration by the International Court of Justice (IC) or other tribunal such
as War Crimes Tribunal established by the United Nations and use of forces such
as military action or other measures.
MUNICIPAL
LAW
Municipal law also means domestic local
law. It simply means the internal law of a particular country. Municipal law in
relation to Nigeria for example means laws made that are applicable in Nigeria
for the Nigerian subjects or residents and for subject matters over which
Nigerian law applies.
Municipal law therefore embodies all
the laws of a particular country which regulates the relationship between
individuals and between individuals and the State. It is the opposite of
international law. While international law is the law of nations, municipal law
is the law of a nation.
COMMON
LAW
The term common law as a division of
law means the law developed by the old common law courts of England namely; the
King’s Bench, the Court of Common Pleas and the Court of Exchequer. Common law
is the law which grew from the practices and customs common to the people of
England and Wales which were applied as judicial precedents, that is,
successive like decisions of the court through ages. The common law is the
ancient unwritten law of England as distinct from equity (the principles of
fairness and justice) and Statute law (Statute or legislation). It was later
discovered that in its application common law was rigid, harsh and inflexible;
hence the need to supplement it with equity became necessary.
EQUITY
Equity means fairness, just or natural
justice and moral rightness. Equity may be defined as the principles of moral
rightness in action or attitude upholding what is just, especially fair
treatment and due reward in accordance with the standard or law. As a branch of
law, equity refers to as the rules of fairness and natural justice formulated
and administered by the court of chancery to supplement the hardships of the
common law.
The English Judicature Acts of
1873-1875 required that both the court of chancery and the common law courts
should administer common law and the principles of equity side by side or
together in all courts in the United Kingdom and in all countries whose legal
system is based on English law. In spite of this joint administration of common
law and the principles of equity the conflict on which of the two branches of
law is superior and should prevail still remains the burning issue.
Finally, sections 36-44 of the
Judicature Acts settled the issues by providing that whenever there was a
conflict between common law and equity, equity should prevail. This is the
position in all English based legal systems. Thus, the rigidity, harshness and
inflexibility of the common law led to the development of equity. The rules of
equity at this point are a synthesis of the rules of common law which emerged
to qualify, moderate and reform the rigour and harshness of the common law. For
instance, if there is a written agreement between A and B duly signed by both
of them transferring B’s vehicle to A at a price of N500.00 (five hundred naira
only). A can enforce this contract as a matter of law against B. But if there
is some element of fraud, mistake or representation, which induced B to
transfer the vehicle, the contract may be vitiated based on the principles of
equity.
SUBSTANTIVE
LAW
Substantive law means the actual law or
the law itself. It is an aspect or branch of the law that deals with the
definition of offences or civil wrongs. In other words, substantive law is the body
of legal rules which stipulates what conduct is lawful or unlawful. It defines
a code of conduct and prescribes a penalty for the violation of such code. A
breach or violation of substantive law may result into punishment in form of
fines or imprisonment as it is the case in criminal law or in form of
compensation for damages occasioned as obtainable in civil law.
Generally, all laws are substantive law
except procedural law. Examples of substantive law includes: law of contract,
criminal law, law of tort, civil law, business law, constitutional law,
administrative law and many others.
PROCEDURAL
OR ADJECTIVAL LAW
Procedural law is the branch of law
which deals with the enforcement of the rules set by a panel. It is the law
that governs the steps to be taken in applying or enforcing the provisions of
substantive law. Procedural law deals with the process of instituting an action
in the court of law. The rules of procedural law therefore specify the process,
procedure and method in which an action is to be initiated in the court of law.
These processes include: the mode of proof, the manner of prosecution, the
manner in which evidence is given at trial, the examination of witnesses and
the manner in which judgment is given and same is enforced. Other examples of
procedural law are: civil procedure, criminal procedure, the law of evidence,
Sheriff and Civil Process Law and the law of pleading and jurisdiction.
WRITTEN
LAW
Written law involves the assemblage of
norms, code of conduct and rules and regulations in one or more documents that
govern human conduct and his affairs in the State. In other words, written law
is law which takes its force from express legislative enactment. It is a rule
that has been formally enactment into legislation or statute by the
legislature. Written law is also known as statute, stature law or legislation.
Examples of written laws include the
following:
i.
A
written constitution such as the Nigerian 1999 Constitution (as amended).
ii.
Acts
of parliament, such as Acts of the National Assembly.
iii.
Laws
of the State Houses of Assembly.
iv.
Decrees
and Edicts of the military government.
v.
Treaties
made between or among nations.
UNWRITTEN
LAW
Unwritten law may be defined as any
principle or rule of behaviour which is not written. In other words, unwritten
law is all parts of the law, observed by the people and administered in the court,
which has not been passed in form of statute law.
Unwritten law may be partly written or
wholly unwritten, but they are usually laws not enacted even if the principles
are reduced into writing as in case law. However, unwritten law may become written when for instance, it
is enacted into law in from of statute or statute law. Examples of unwritten
law include; the common law of England, customary law in Nigeria and judicial
precedents or case law (principles and rule of law as established by the courts
in judicial proceeding).
STATUTE
LAW
Statute law simply means legislation or
a written law. Statute law is the formal written enactment of a legislative
body. It is an act of the legislature declaring, commanding, permitting,
prescribing or prohibiting a conduct. Statute law is a law passed and
established by the parliament or the legislative arm of government. Many
activities and aspect of life are today covered and regulated by statutes.
Examples of statute law in Nigeria are:
a. All statute contained in the volumes of
laws of the federation of Nigeria and all statutes enacted by the National
Assembly.
b. Laws passed by the various State Houses
of Assembly.
Examples of specific statute laws in
Nigeria include: Evidence Act and Laws, Criminal Code Act and Laws, Penal Code
Laws, Interpretation Act and the Hire Purchase Act etc.
CUSTOMARY
LAW
A custom is a way of life. Customary
law is therefore a custom which is accepted as binding by the people. Customary
law is the body of customs which from long use have acquired the forces of law
among the people. Customary law can also be seen as the indigenous law of the
various peoples or ethnic groups of Nigeria before the advent of foreign laws
in Nigeria.
Essentially, for a custom to be
accepted as valid and obligatory in any community in Nigeria, it must pass
through the validity test. A validity test is a legal requirement that a custom
must not be repugnant to natural justice, equity and good conscience, public
policy or incompatible with any law for the time being in force. When a custom satisfies
all these legal requirements or validity test, a court of law will enforce it
as customary among the members of the community which it applies. Customary law
is usually flexible and is either party written or wholly unwritten. However, a
custom must exist at the point in time a party is claiming it otherwise a court
of law will not apply it. Customary law is often applied by a court as judicial
precedent.
ENGLISH
LAW
English law is the law of England which
was received into Nigeria by virtue of local statutes which permitted its
application in Nigeria. The English law which was received for application in
Nigeria is made up of three different kinds of laws, namely;
1. The Common Law of England.
2. Equity.
3. Statutes of General Application in force
in England on January 1, 1900.
In this regards, section 14 of the
Supreme Court Ordinance 19 provides that: “subject
to the terms of this or any other ordinance, the common law, the doctrine of
equity and statute of general application which were in force in England on the
1st of January 1900 shall be in force within the jurisdiction of
this court.”
Thus, the laws of England are known as English
law as distinct from other branches of Nigerian law such as customary law,
Moslem Law and Nigerian Statute not being a statute of general application.
PRIMARY
LAW
Primary law otherwise known as parent
law refers to laws actually made by the parliament or the legislature
especially the Acts of Parliament such as the Laws of the Federation 2004. In a
lesser context, primary law means the law which defines rights and duties.
Examples of primary laws include: the 1999 Nigerian Constitution (as amended),
Electoral Act and the Evidence Act 2011 etc.
SECONDARY
LAW
Secondary law
otherwise known as subsidiary law simply means delegated legislation made by a
public officer, administrative authority, statutory body, government department
or public agency pursuant to a primary law which has delegated powers to the
public authority to make such delegated legislations. In other words, secondary
or subsidiary law are laws which specify sanctions and the circumstances in
which such sanctions are to be imposed on those who contravene primary law.
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