busl255 assignment 1
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8/8/2019 BUSL255 Assignment 1
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Public law is the law that determines and regulates the organization and functioning of the State,
which simply means that the government is involved. Public law is any law that has to do with
the constitution and the public. This type of law normally involves a criminal suit were the
government is prosecuting a citizen for a crime they allegedly committed. The following laws
form part of the public law:
1. Constitutional law – It is the basic and fundamental law of the land, which determines the
nature of the State and the structure of the Government. It may be written (as in India,
USA and most other countries) or unwritten (as in England).
2. Administrative law – It is the law, which deals with the structure, functions and powers
of the organs of the Government.3. Criminal law – It deals with various offences, and has for its object their prevention by
providing for and prescribing certain punishments for them.
Private laws are laws that do not involve the government, and are laws that allow one private
entity to sue another private entity in a civil lawsuit. In this sense, the State through its judicial
organs passes judgment to the matters in dispute between them. Private law comprises the
following fields.
1. Personal laws - It is a special law applicable to a class of people.
2. Law of property – It is law relating to transfer of (immovable) property.
3. Law of obligations – It is law relating to Contract; Quasi contract and Torts
Criminal law was created to protect the public from the government or from themselves.
Criminal laws were created so that the government could not prosecute individuals without due
process and so that the public could protect themselves from each other. Civil law are cases
where one or both parties are looking for compensation instead of jail time. Civil law covers
anything that criminal law does not cover in the court system.
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Sources of Law
Source means ‘origin’ which something is ultimately derived and often refers to the causes
operating before the thing itself comes into being. Legal experts vary widely to the source of
law. Sources of law may be classified into Formal & Non-formal and Historical & Legal.
Formal sources are the sources from which the law derives its force and validity. Of course, the
only authority from which laws can spring and derive force and validity is State. While non-
formal sources refer to the various processes, which result in the evolution of the materials,
which are the elements of law. Historical sources are those sources lacking formal recognition by
law. The legal sources of law are authoritative and are allowed by the law courts as of right. Thehistorical sources of law are un-authoritative. They influence more or less extensively the course
of legal development, but they speak with no authority. All rules of law have historical sources
but not all of them have legal sources.
Some formal sources of law include:
1. Precedents – a legal case establishing a principle or rule that a court or other
judicial body may utilize when deciding later cases with similar issues or
facts.
2. Legislation – that source of law, which consists in the declaration of legal
rules by an authority duly empowered by the Constitution in that behalf.
3. Treaties – an agreement entered into by countries, nations, or other legal
persons recognized in international law.
While a few of the non-formal sources include:
1. Custom – can be described as the established patterns of behavior that can be
objectively verified within a particular social setting.
2. Equity – natural justice