Law can classify in many ways. We have divided law in two distinct categories i.e. substantive law or procedural law and civil law or criminal law.
1. Substantive Law or Procedural Law
Substantive law is a law that generates and controls the rights and duties of parties. For example; it includes the laws regarding torts, contracts, and real property. One more example of a substantive law is a law prohibiting trespassing on another property. Why? Because such a law creates and defines trespassing and puts would-be trespassers on notice concerning the liability or punishment that they face for violating the law.
Procedural law is a law that generates and controls the procedure of imposing the rights and duties under substantive law. For example, it includes the rules of evidence, jurisdiction, and pleading and practice. One more example of a procedural law is a statute of limitations. A statute of limitations is a statute that creates a time limit for bringing a civil case (i.e., filing a lawsuit) or a criminal case (i.e., initiating a prosecution); normally, the time limit is measured from the date of the event giving rise to the lawsuit or prosecution. This means that in personal injury cases, for example, a lawsuit must be brought within a certain period of time after the injury occurred; otherwise, it will be time-barred. The case could be very strong substantively; but that is immaterial because a court will dismiss the case on procedural grounds.
2. Civil Law or Criminal Law
Civil or Criminal law is the law of private rights and duties. As with substantive law, an example includes the laws regarding torts, contracts, and real property. One more example of a civil law is a law providing that all contracts for the sale of real property must be in writing. Why? Because it deals with duties between private parties; and any violation of it is a wrong between the parties, not a wrong against the whole community.
Criminal law is the law of public rights and duties; put another method, it is the law that creates and controls wrongs committed against the whole community. Criminal law violations are said to be crimes. Examples include laws against beating, burglary, and robbery.
March 09, 2018