(a) Criminal and civil law
(i) Criminal law: this is the law of crimes or offences. A crime is often defined as an act
or omission, committed or omitted in violation of public law.
It is a contravention of state law and suspects are generally arrested and prosecuted by the
state.
(ii) Civil law: this is law concerned with rights, duties and powers of parties in
ordinary transactions and include Law of Contract, Law of Torts, Law of Marriage, Law of
succession or Law of Property.
A person whose rights have been violated is said to have a cause of action that is,
reason to sue, for example breach of contract, negligence, defamation battery,
assault, conversion.
The innocent party institutes proceedings against the alleged wrongdoer and
prosecutes the same.
(b) Substantive and Procedural law.
(i) Substantive law: consists of the rules themselves as opposed to the procedure on how
to apply them.
It is concerned with the rights and duties of parties and provides remedies, for
example law of contract, law of torts, law of succession. It defines offences and
prescribes punishment for example penal code.
(ii) Procedural law : consists of the steps or guiding principles or rules of practice to
be complied with in the application of substantive law.
It is often referred to as adjectival law.
It is the hand maiden of substantive law. Examples include Criminal Procedure Code Cap
75, Civil Procedure Act, Cap 21.
(c) National and International Law.
(i) National law: this is municipal or state law and consists of all rules of law operational within
the boundaries of a given country. It generally regulates relation between citizens and the
state and citizens inter se. It originates from acts of parliament as well as customary and
religious practices of the people.
(ii) International law: this is a body of rules which regulates the relation between states
orcountries and other international persons for example the United Nations. International
law is based on international agreements or conventions or treaties and customary practices
of states.
maurice.mutuku answered the question on April 25, 2018 at 12:49
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