Types of Law — Public vs. Private, Civil vs. Criminal
Law can be divided in many ways depending on its purpose and the kinds of relationships it governs. In this lesson, we’ll explore some of the most important distinctions:
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Public law vs. Private law
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Civil law vs. Criminal law
Understanding these basic categories helps make sense of how the legal system is organized and how different types of legal cases are handled.
1. Public Law vs. Private Law
Public Law
Public law governs the relationship between individuals and the state (government), as well as the structure and functions of government itself.
It involves laws that regulate how public power is exercised and how citizens interact with public institutions.
Main areas of public law include:
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Constitutional law – defines the structure and powers of government, and protects fundamental rights
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Administrative law – regulates the actions and decisions of government departments and agencies
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Criminal law – addresses actions that are considered offenses against the state or society
Example: If a person is charged with a crime, they are prosecuted by the state under criminal law, which is part of public law.
Private Law
Private law (also called civil law in this context) governs relationships between private individuals or organizations. It deals with legal duties and responsibilities people owe to one another, rather than to the state.
Main areas of private law include:
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Contract law – agreements between individuals or businesses
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Tort law – obligations not to harm others (e.g., negligence or defamation)
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Property law – rights related to land and possessions
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Family law – issues such as divorce, child custody, and inheritance
Example: If someone breaks a contract, the other party can sue them in civil court for damages — this is a private law matter.
2. Civil Law vs. Criminal Law
This is one of the most important distinctions in law, and it affects everything from court procedures to outcomes.
Criminal Law
Criminal law deals with behavior that is considered harmful to society as a whole. In criminal cases, the state prosecutes the accused (called the defendant) on behalf of the public.
Key features:
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The goal is to punish wrongdoing and deter future crime
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Common penalties include fines, community service, or imprisonment
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The prosecution must prove the case beyond a reasonable doubt
Example: Theft, assault, drug trafficking, and fraud are all criminal offenses.
Civil Law
Civil law involves disputes between private individuals or organizations. These cases are typically about rights, responsibilities, and compensation.
Key features:
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The goal is to resolve disputes and provide remedies (usually money or specific actions)
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The person bringing the case is the plaintiff, and the person being sued is the defendant
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Cases are decided on the balance of probabilities (which side is more likely to be right)
Example: A tenant sues a landlord for breach of lease, or a person sues for injuries in a car accident.
Comparison Table
| Feature | Criminal Law | Civil Law |
|---|---|---|
| Who brings the case | The state (prosecutor) | The injured party (plaintiff) |
| Standard of proof | Beyond a reasonable doubt | Balance of probabilities |
| Purpose | Punishment and public protection | Compensation and dispute resolution |
| Possible outcomes | Fines, imprisonment, community orders | Damages, injunctions, declarations |
Summary
Understanding the types of law is essential for making sense of how legal systems work:
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Public law involves the state and public interest; private law deals with individual rights and obligations.
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Criminal law focuses on crimes against society and is enforced by the state; civil law handles private disputes between individuals or organizations.
Knowing the difference helps you understand where a legal issue belongs and what kind of process and outcome to expect.