Lecture 5: Classification of

Laws
Public Laws and Private Laws
Criminal Laws and Civil Laws
Public International Law and Private
International Laws
Substantive Laws and Procedures of Laws

Public Laws and Private Laws

Public Laws
Involvement of the government
any law that has to do with the constitution and the public.
normally involves a criminal suit were the government is
prosecuting a citizen for a crime they allegedly committed.
Regulates the interaction of citizens with the state
(e.g. criminal law, constitutional law, administrative law)
administrative law
company law (some)
constitutional law
criminal law
industrial law (some)
taxation and revenue law
trade practices law (some)

Public Laws and Private Laws

Private Laws
laws that allow one private entity to sue another private entity in a
civil lawsuit
Regulates the relationship between individuals within a state (e.g.
contract law, tort law, property law)
banking law
company law (some)
contract law
equity law
family law
property law
succession law
tort law
trust law

Criminal Laws and Civil Laws

Criminal Law
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.
generally aims to punish
the criminal action may cause harm to only one person.
The offence may be a wrong against the morality of the community, or
it may threaten the peace and order of the community or it may
conflict with the established policy of the governing body of that
community.
As a crime is considered an offence against the community, it is
logical that proceedings against the offender should be instigated in
the name of the community.
The normal penalty for a breach of the criminal law is a jail sentence
or a fine. A fine is a monetary penalty, collected for the community.
offences against the person

Criminal Laws and Civil Laws

Civil Laws
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.
generally aims to compensate
contract law
corporations law
trade practices law
administrative law
family law
tort law

negligence
trespass
defamation
Nuisance

Criminal Laws and Civil Laws

Who bring the prosecution to the court
?
What are the reason for prosecution ?
Is it possible to be settled out of the
court ?

TEORI
TEORIPERLAKSANAAN
PERLAKSANAANHUKUMAN
HUKUMAN

Retribution
Retribution/ /
Balasan
Balasan

Deterrence
Deterrence/ /
Halangan
Halangan

Rehabilitation
Rehabilitation/ /
Pemulihan
Pemulihan

Prevention
Prevention/ /
Pencegahan
Pencegahan

SAODAH
AHMAD/JPMPK/FEM/UPM

Substantive Laws and Procedures of

Laws
Substantive Laws
Substantive of laws vs. Procedures of laws- Substantive of
law is the substance that makes up a law. It is the meaning
of a law that explains what you can and cannot do. For
example the law states that you cannot murder another
human being unless it was in self defense, you were under
duress, or if you were drugged by another person.
Procedural Laws
Procedures of laws are just the steps that must take place
when filing a lawsuit against another party.

Public International Law and Private

International Laws
Public international Law
Public international law deals with relationship between states.
E.g. Border, territorial waters etc. Certain writers hold that
there is no world authority with power to enforce the rules or
the laws.
Private International law
Private International law is concerned with the application of
various national laws of the facts of a particular case involving
two or more countries eg. System of law applicable to a
marriage between 2 different nationals in a third country.