TEXT 2. BRANCHES OF LAW

Law can be divided into two main branches: (1) private law and (2) public law. Private law deals with the rights and obligations people have in their relations with one another. Public law concerns the rights and obligations people have as members of society and as citizens.

Both private law and public law can be subdivided into several branches. However, the various branches of public and private law are closely related, and in many cases they overlap.

Private law determines a person's legal rights and obligations in many kinds of activities that involve other people. Such activities include everything from borrowing or lending money to buying a home or signing a job contract. The great majority of lawyers and judges spend more of their time dealing with private law matters. Lawyers handle most of these matters out of court. But numerous situations arise in which a judge or jury must decide if a person's private-law rights have been violated.

Private law can be divided into six major branches according to the kinds of legal rights and obligations involved. These branches are (1) contract and commercial law, (2) tort, (3) property law, (4) inheritance law, (5) family law, and (6) company law. The dividing line between the various branches is not always clear. For example, many cases of property law also involve contract law.

Contract and commercial law deals with the rights and obligations of people who make contracts. A contract is an agreement between two or more persons that can be enforced by law. A wide variety of business activities depend on the use of contracts. A business firm makes contracts both with other firms, such as suppliers and transporters, and with private persons, such as customers and employees.

Tort. A tort is a wrong or injury that a person suffers because of someone else's action. The action may cause bodily harm; damage a person's property, business, or reputation; or make unauthorized use of a person's property. The victim may sue the person or persons responsible. The law of tort deals with the rights and obligations of the persons involved in such cases. Many torts are unintentional, such as causing damage in traffic accidents. But if a tort is deliberate and involves serious harm, it may be treated as a crime.

Property law governs the ownership and use of property. Property may be real or personal, real – such as land and buildings, personal, such as a car and clothing.

The law ensures a person's right to own property. However, the owner must use the property lawfully. People also have the right to sell or lease their property and to buy or rent the property of others. Property law determines the rights and obligations involved in such dealings.

Inheritance law concerns the transfer of property upon the death of the owner. Nearly every country has basic inheritance laws, which list the relatives or other persons who have first rights of inheritance. But in most Western nations, people may will their property to persons other than those specified by law. In such cases, inheritance law also sets the rules for the making of wills.

Family law determines the legal rights and obligations of husbands and wives and of parents and children. It covers such matters as marriage, divorce, adoption, and child support.

Company law governs the formation and operation of business corporations or companies. It deals mainly with the powers and obligations of management and the rights of shareholders. Company law is often classed together with contract and commercial law as business law.

Public law involves government directly, defines a person’s rights and obligations in relation to government, describes the various divisions of government and their powers.

Public law can be divided into four branches: (1) criminal law, (2) constitutional law, (3) administrative law, and (4) international law. In many cases, the branches of public law, like those of private law, overlap. For example, violation of administrative law may also be a violation of criminal law.

Criminal law deals with crimes – that is, actions considered harmful to society. Crimes range in seriousness from disorderly conduct to murder. Criminal law defines these offences and sets the rules for the arrest, the trial, and the punishment of offenders. In the majority of countries, the central government makes most of the criminal laws. In some countries, such as Australia and the United States, each state, as well as the federal government, has its own set of criminal laws. However, the criminal laws of each state must protect the rights and freedoms guaranteed by federal constitutional law.

Constitutional law. A constitution is a set of rules and principles that define the powers of a government and the rights of the people. The law also includes official rulings on how a constitution's principles are to be interpreted and carried out. Most nations have a written constitution. A major exception is Great Britain. The British constitution is unwritten. It consists of all the documents and traditions that have contributed to Britain's form of government. Conflicts between a constitution and other laws are settled by constitutional law.

International law deals with the relationships among nations both in war and in peace. It concerns: trade, communications, boundary disputes, methods of warfare, the uses of the ocean, and many other matters. Laws to regulate international relations have been developed over the centuries by customs and treaties. But international law, unlike other branches of law, is difficult to enforce.

Administrative law is one of the most complicated branches of public law. Administrative law consists of the legal powers granted to administrative departments by the legislature and the rules that the departments make to carry out their powers. Administrative law also includes court rulings in cases between the departments and private citizens.