Understand and apply; the basic classification of law, the various subdivisions within each branch of law, how factual problems are allocated into particular branches of law, that a strict classification is not an accurate representation of law in context
JURISPRUDENCE 110
Unit 4
Classification of the law
Chapter 4 Summary
Outcomes
Understand and apply:
- The basic classification of law
- The various subdivisions within each branch of law
- How factual problems are allocated into particular branches of law
- That a strict classification is not an accurate representation of law in context
Difference between Criminal law and Civil law
Criminal
- State takes action against defending party
- Prosecutes accused
- Sanction: jail/fine
Civil
- Party sues another
- Breach/ damages
- Remedies: performance/ payment
Difference between substantive law and procedural law
Procedural
- Law of criminal procedure
o Prescribes how alleged offenders should be prosecuted
o Gives rules for investigation and process in court
- Law of civil procedure
o Procedure when individual enforces rights against another
o How such a claim should be instituted
- Law of evidence
o How facts in criminal or civil law must be proven
o What kind of evidence or how witnesses
Substantive
- Public
o Determines extent of state authority
o State internally
o State and legal subjects → vertical
- Private
o Regulates relationships between persons
▪ Legal subject and legal subject → horizontal
Law of persons
- part of objective law
- It regulates
o coming into being
o private-law status
o coming to an end of a natural person or a legal subject
- It also determines the judicial status of person
Family law
- Regulates family relationships
- Relates to matters such as
o Engagement
, o Marriage
o Civil union
o Martial property
o Divorce
o Parent-child relationships
Law of patrimony
- Part of private law which regulates the relationships between persons with respect to their means
o Means
▪ Indicates sum total of person’s assets and liabilities
▪ Persons whole estate
- Consists of
o Property law
o Law of succession
o Law of obligations
o Law of intellectual property
Property law
- Deals with relationships between persons with respect to things
- It determines which rights persons can have with respect to movable and immovale property
- Regulates the .. of such rights
o Origin
o Termination
o Protection
- E.G. Right to ownership
Law of succession
- Determines what happens to a person’s estate after their death.
- One can stipulate in their will
o The law of interstate succession will determine who inherits the estate
Law of obligations
- Regulates that type of relationship between persons where one person (the creditor) has a right against
another for performance and the latter person (the debtor) has a corresponding duty to perform
o Relationship = obligation
- Mainly contracts and delicts that create such obligations
Law of intellectual property
- Division of law of patrimony which governs relationships between persons with respect to intellectual
property
o Immaterial property
o Industrial property
- Denotes the creations of the human intellect/ ingenuity
- E.G.
o interventions
o Content of literary works
o Musical compositions
- Rights with respect to intellectual property include
o Copyright
o Rights to patent
- Subject that falls within domain of property law broadly understood
- Protected through section 25
Difference between contracts and delicts
Contracts
- An obligation arises between the parties because they agreed to
- Not unlawful acts
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