1. Faculty of Economics & Administrative Sciences INTRODUCTION TO LAW MAN 206 LECTURE 4
Gulay Suleymanoglu
L.L.B(Hons), L.L.M(International and European Law)
Member of Cyprus Bar Assosiation M:

2. Classification of law
Although all laws are made (or recognized) by the State they vary in nature and have different functions. Different kinds of laws may be classified according to the nature and scope of the relations they are intended to be applied.
Classifying the law, however, is no less difficult a task than defining it.
The law may be classified in many ways. The following are examples:
Domestic law and public international law
Public law and private law
Civil law and criminal law

3. Domestic law(Municipal law) v Public International Law
Municipal law is state law or the internal law of the state.
Municipal law is the national, domestic, or internal law of a sovereign state defined in opposition to international law. Municipal law includes not only law at the national level, but law at the state, provincial, territorial, regional or local levels.
International law is the body of rules which govern relations between states.
International law is the set of rules generally regarded and accepted as binding in relations between states and between nations.
Public international law which governs the relationship between states and international entities.

4. Public law v Private law
Our brief study of the branches of law will primarily be based on traditional distinction between public and private law.
The distinction between public and private law refers to the different types of relationship regulated by different legal norms.
Public law deals with the relationship and the resolution of conflicts between individuals and the state.
Private law as rule deals with relationships and resolution of conflicts among private individuals.
Consequently, legal rules which protected public interests were considered public law while those protecting private interests were regarded as private law.

5. Public law
Public law is a theory of law that governs the relationship between the state and the individual, who is considered to be either a company or a citizen.
Public law is the branch of law that governs the behavior of people and is enforced by the state. Public law is distinct from private law, which focuses only on people's relationships with each other. Public law relates to a person's state-mandated obligations to behave in a certain manner.
Public law covers three sub-divisions:
- Constitutional law
Administrative law
Criminal law

6. Constitutional law
Constitutional law regulates the social relations directly connected to the exercise of state power. It defines the structure of the State and its constitutional functions and practices.
It is concerned with such complex questions as the distribution of governmental powers ( legislative, executive and judicial) and the functions and responsibilities entailed in the exercise of these powers.
it sets out the form of government – how its different branches work, how they are elected or appointed, and the division of powers and responsibilities between them. Traditionally, the basic elements of government are the executive , the legislature and the judiciary.
In fact, constitutional law lays down the basic principles for all other branches of law.
Constitutional law is the body of law that has been built up around the living constitution. The constitution grants specific powers to the State while placing specific limits on government's authority to act.

7. Administrative law
Administrative law refers to the body of law which regulates procedures and defines the powers of administrative agencies. These laws are enforced by the executive branch of a government rather than the judicial or legislative branches.
Administrative law is comprised of the body of rules that governs between the administrative authorities and private individuals, determine the legal status of government officials(civil servants) and indicates the rights and liabilities of individuals in their dealings with these officials as representatives of the State.
The procedure by which these rights and liabilities are enforced is also regulated by administrative law.
In short, administrative law is the body of law built up around administrative actions and decisions.

8. Criminal Law
In well functioning State based on the rule of law, no person is permitted to take the law into his own hands and punish wrongdoers himself. Instead, it is administrative and judicial authorities who are competent to ensure the security of general public and where necessary to punish wrongdoers by properly implementing the relevant laws.
Criminal law belongs to that part of public law concerned with criminal offences.
Certain acts that violate the law are matters of public concern and not simply personal issues between the wrongdoer and the person who has suffered. These acts are regarded as crimes committed against society and are dealt with in a criminal court.

9. Private Law
In contrast to the field of public law, where the State is always in a superior position in its relations with individuals, private law is concerned with relations and conflicts among individuals as private persons.
In the field of private law all persons are considered equal entities.
In the field of public law, public authorities may impose legal obligations upon persons regardless of whether they agree or not. Legal obligations can thus be unilaterally imposed by the public authorities.
In the field of private law, however, the basis of every legal obligation is in principles a voluntary agreement between the parties.

10. Private Law
In the field of private law, it is not the fact of guilty or innocence that is at issue, but the nature and degree of personal liability arising from a certain act.
For example; in medical malpractice(is professional negligence by act or omission by a health care provider) , the first issue is whether the treating physician failed to exercise the required level of care in relation to the patient. If the physician is found at fault, he will be legally liable.
The next matter for private law is to assess the level of compensation due to injured party.

11. Branches of Private Law
Private law may be divided into
Civil law
Contract law
Family law
Property law
Tort law

12. Civil Law
Civil law covers such a vast area of relations that to define its limits is not easy: legal rules related to personality, marriage, family relations, property rights and obligations are all parts of civil law.
Civil law deals with disputes between private parties, or negligent acts that cause harm to others . For example, if individuals or companies disagree over the terms of an agreement, or who owns land or buildings, or whether a person was wrongfully dismissed from their employment, they may file a lawsuit asking the courts to decide who is right. As well, the failure to exercise the degree of caution that an ordinarily prudent person would take in any situation may result in a negligence claim. Depending on the circumstances, a person may be held responsible for any damages or injury that occurs as a result of their negligence. Family law cases involving divorce, parental responsibility for children, spousal support, child support and division of property between spouses or common law couples represent a large portion of the civil law cases presented to the court.

13. Public law v Private law
If you saw a man run from a convenience store with a few pilfered products under his arm, he is violating public law. He committed the crime of theft, and that affects everyone.
On the other hand, if your neighbor filed suit against you because your barbeque smoke travels to his yard, you may be violating private law. You infringed on your neighbor's right to the peaceful enjoyment of his property.
Essentially, the difference between public law and private law is whether the act or acts affect society as a whole or an issue between two or more people.

14. Public law v Private law
To simplify things, public law deals with issues that affect the general public or state - society as a whole. Some of the laws that its wide scope covers are:
Administrative law - laws that govern government agencies, like the Department of Education and the Equal Employment Opportunity Commission
Constitutional laws are laws that protect citizens' rights as afforded in the Constitution
Criminal laws are laws that relate to crime
Municipal laws are ordinances, regulations and by-laws that govern a city or town
International laws are laws that oversee relations between nations.

15. Public law v Private law
There are several differences between public law and private law. The main difference is that public law protects society as a whole and private law governs interactions between individuals or groups. Public law is typically determined and enforced by government agencies, whereas the government typically removes itself from the enforcement of private law.
Public law is divided into several areas overseeing the interaction between citizens or corporations and the government. These areas include constitutional law, administrative law, and criminal law. Each area of public law governs specific areas of societal interactions and the remedies available for violations of those laws.

16. Civil law
Civil law is another name for private law which we have already seen. It is concerned with rights and duties of individuals towards each other. Its purpose is to resolve disputes between individuals and organizations to provide a remedy to one of the parties for what he alleges(says) he has suffered.
For example of remedies which can be provided by the civil law are. Damages, an injunction( is an equitable remedy in the form of a court order that compels a party to do or refrain from specific acts) and an order for specific performance(grants the plaintiff what he actually bargained for in the contract rather than damages).

17. Criminal law
This is part of the public law; it deals with wrong doings by citizens and others against the state. For example; murder, stealing etc. This system of law has been established to punish wrongdoer and the punishment is imposed by the state.
A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public  safetyand welfare and that establishes punishment to be imposed for the commission of such acts.

18. Criminal Law v Civil Law
Crimes are considered offenses against the state, or society as a whole. That means that even though one person might murder another person, murder itself is considered an offense to everyone in society. Accordingly, crimes against the state are prosecuted by the state, and the prosecutor (not the victim) files the case in court as a representative of the state. If it were a civil case, then the wronged party would file the case.
Criminal offenses and civil offenses are generally different in terms of their punishment. Criminal cases will have jail time as a potential punishment, whereas civil cases generally only result in monetary damages or orders to do or not do something. Note that a criminal case may involve both jail time and monetary punishments in the form of fines.

19. Criminal law v Civil law
Civil cases are generally brought by private individuals or corporations seeking to collect money owed or monetary damages. A criminal case is brought by the local, state or federal government in response to a suspected violation of law and seeks a fine, a jail sentence or both.
Criminal activity occurs at both personal and business levels. Criminal acts include burglary, assault, drug trafficking, theft and murder. Criminal acts by businesses include fraud, industrial espionage and tax evasion.
Civil disputes can occur at a personal level - for instance, when neighbours argue over late night noise or access to a shared driveway. They can arise between individuals and businesses, such as when customers refuse to pay their bills or companies fail to deliver a service to an agreed level. And they can occur between businesses over the right to use a brand name or trademark, for example.