State and Its ElementsDefinition

According to Salmond “ A society of Men established for maintenance of order and Justice within a determined territory, by

way of force”

Elements of State

• 1- Population• 2- Territory• 3- Government• 4- Sovereignty

Functions of the State

• Primary Protection Internal and External Internal: By Administration of Justice External: Defense from war and aggression• Secondary Welfare of citizen By Legislation By Taxation

Advantages & Disadvantages of Law

• Advantages• 1- Uniformity• 2- Honest Decisions• 3- Protection from individual error• 4- Reliable

Disadvantages

• 1- Rigid• 2- Conservative• 3- Formal• 4- Complex.

Kinds of Law

• Administrative law• Admiralty law (or maritime law)• Advertising law• Alternative dispute resolution• Aviation law• Banking law• Business law

Kinds of Law

• Communications law• Computer law• Conflict of law (or private international law)• Constitutional law• Consumer law• Contract law• Copyright law• Corporate law (or company law)

Kinds of Law

• Defamation• Environmental law• Family law• Immigration law• Insurance law• Intellectual property law• International law

Kinds of Law

• Labour law • Media law• Mergers & acquisitions law• Procedural law• Substantive Law• Product liability litigation• Public International Law

Kinds of Law

• Sports law• Statutory law• Tax law• Tort law• Trademark law• Civil Law• Criminal Law• Ordinance

Kinds of Law

• Physical and Scientific Law• Natural or Moral Law• Customary Law• Equity Law• Administrative Law

Substantive & Procedural Law

• Procedural Law

According to Salmond:“That branch of law which governs the process of

litigation”

• Substantive Law

• It is the subject matter of law.

Difference

• The difference between substantive law and procedural law is one of form and not of substance.

• It regulates the conduct and relation of courts and litigants.

• What fact constitute a wrong is determined by substantive law.

• What fact constitute proof of a wrong is question of procedural law.

• The substantive law determines right and the procedural give method to get that right.

Public and Private Law

• Public Law• It regulates the relation of state with its

subjects(citizens)• Private Law• It regulates the relation of subjects(citizens)

between themselves.

Difference

• The simple difference between public and private law is in those that each affects. Public law affects society as a whole, while private law affects individuals, families, business and small groups.

Example

• Public Law Vs. Private Law• If you saw a man run from a store with a few 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.

Civil & Criminal Law

• There are two main classifications of law.

Criminal laws regulate crimes, or wrongs committed against the government. Civil laws regulate disputes between private parties.

PartiesIn Criminal Cases: State vs. Mr. xIn Civil Cases: Mr. A vs. Mr. B( Plaintive Vs. Defendant)