CLASSIFICATION OF LAW: CRIMINAL LAW AND CIVIL LAW

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 CLASSIFICATION OF LAW, FUNCTIONS OF LAW, ELEMENTS OFFENSE, DEFENSES, LAW OF TORTS AND ITS CLASSIFICATIONS


Most important classification of Law are as follows:-

  1. Public Law and Private Law
  2. Criminal law and Civil Law
  3. Substantive Law and Procedural Law
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PUBLIC LAW
This aspect of Law deals with the entire society and everyone is affected by it's application. It governs the relationship between an individual and the state.

PRIVATE LAW
This aspect of Law is more wider than the public Law. It deals with the rights and duties of individual towards each other rather than towards the state.

 Law may further be classified as Public international Law and Private international Law
Where Public international Law consists of those rules which regulate the relationship among sovereign States. Private International Law consists of those rules that deals mainly with the system of laws which should be used in courts in cases which contain some "Foreign" elements.

CRIMINAL LAW
This is an aspect of Law that deals with crime and other anti-social offenses. Example of Criminal Law are:- Cases of Burglary, Assault, Battery and Cases of Murder 

CIVIL LAW 
This aspect of Law deals with behaviour that constitutes injury to an individual or other private party such as a corporation. Example of Civil Law are:- Defamation (including Libel and Slander) breach of contract, Property damage and Negligence resulting to injury or Death.
 
FUNCTIONS OF LAW
For a society or States to Set rules and Regulations, there must be Functions or Purpose that Law will serve. Below 👇 are the Functions or Purpose of Law in the Society 
  • Law serves as a means of reconciling conflicting interest 
  • Law bring about orderliness
  • Law maintain social cohesion
  • Law ensure peace and tranquility in the Society
  • Law bring about Political Stability
  • Law also serves as a means of social engineering and promoting economic development
  • Law guide human behaviour within the Society
  • Law is used for the maintenance of Law and order in the Society

ELEMENTS OF OFFENSE
There are two element of Offense which are as follows:-
  • Actus Reus 
  • Mens Rea
ACTUS REUS 
This element means INTENSION to commit the act of Offense 

MENS REA
This element of Offense means ACTION of committing offense.

OFFENSES IN CRIMINAL LAW
Offenses in Criminal Law have two part where the meaning are the same but the Words used are different.
The two part are the SOUTHERN AND NORTHERN part of Nigeria
Southern part words are:-
MURDER - Killing with Intension 
MANSLAUGHTER - Killing without intension

Northern part words are:- 
CULPABLE HOMICIDE; punishable with death i.e Killing with Intension
CULPABLE HOMICIDE; Punishable without death i.e Killing without intension

Penal Code are used in North 
Criminal code are used in South 

DEFENSES
Defenses are as follows:-
  1. Provocation: Acted out of been Provoct/angry
  2. Self Defense: Fight to defend oneself 
  3. Alibi: It a defense being used when the Accused person was not present at the crime spot 
  4. Act of God: Meaning the incident happen as Act of God
LAW OF TORTS
Tort is a civil wrong arising from an act or omission of an individual or group. 

Tort and other Wrongs Distinguished
Tort and Crime 
A tort is different from a crime in that it is a civil wrong. Tort falls under civil law while Crime falls under criminal law

Tort and contract 
A tort is different from a breach of contract because liability on contract can only come into existence by the agreement of the parties concern whereas liability in tort is imposed by law outside of any form of agreement

Tort and Trusts 
A tort is different from a breach of trust because the common law which gives remedies for tort never recognises the existence of trust.

CLASSIFICATION OF TORT
  • Tort affecting personal safety and freedom, examples are Assault, Battery and Negligence
  • Tort affecting property examples are Trespass and Nuisance
  • Tort affecting Reputation examples are Libel and Slander 
  • Tort affecting Economis interest examples are Deceit and Passing-off
  • Tort involving interference with Judicial process examples are Malicious prose caution, maintenance and Champerty.

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