Section 3

T e x t 3

General Classifications of Legal Subjects

Pre-reading task: Read the introductory text giving you the general idea on the classification of legal subjects. Draw the diagram.

One means of classifying the law is to divide it into matters of public law and matters of private law. Public law includes constitutional law, administrative law, and criminal law. Public law provides a major portion of the legal environment of business. Private law encompasses those legal problems and relationships which exist between individuals, as contrasted with those in which society is involved. Private law is traditionally separated into the law of contracts, the law of torts, and the law of property.

Another important classification or distinction in law is the one between substance and procedure. Substantive law defines the legal relationship of people with other people, or as between them and the state. Procedural law deals with the method and means by which substantive law is made and administered. In other words, substantive rules of law define rights and duties, while procedural rules of law provide the machinery for enforcing those rights and duties.

Every social institution has rules by which it conducts its affairs or “proceeds.” There are rules of law relating to legislative procedure which govern the steps that must be taken for a statute to be valid. Judicial procedures involve the method of conducting lawsuits, appeals, and the enforcement of judgements. The rules for conducting civil trials are different from those for criminal trials. For example, each party may call the other party to the witness stand for cross-examination in a civil trial, but the defendant may not be required to testify in a criminal case. Procedural problems sometimes arise concerning papers filed in lawsuits, the admission of evidence, and various other techniques involved in trying the case. A classification similar to that of public versus private contrasts civil law cases with criminal cases. For administrative purposes courts usually separate criminal actions from other lawsuits, with the latter known as civil cases.

Ex. 16.

Find terms for the given definitions in the text.

1. the branch of law that deals with relations between a state and its individual members;

2. the branch of law that deals with the rights and duties of private individuals and the relations between them;

3. the branch of law that deals with the acts committed against the law which are punished by the state;

4. the branch of law that deals with the constitution or government of the state, or relationship between state and citizens;

5. rules which determine how a case is administered by the courts;

6. common law and statute law used by the courts in making decisions

Ex. 17.

Find the synonyms in the text:

Include, agreement, difference, law, legally acceptable, accused, give evidence, aims.

Ex. 18.

Make the derivatives:

verb	noun	adjective	adverb
classify	classification	classifiable	-------
constitute
represent
govern
fulfill
proceed
enforce
testify
conduct
legislate

Ex. 19.

Answer the questions

1. What does public law include?

2. What are the duties of the governmental agencies?

3. What problems does private law deal with?

4. What are the components of private law?

5. What does substantive law deal with?

6. What do judicial procedures involve?

7. Are the rules for conducting civil trials different from the criminal ones?

Ex. 20.

Finish the sentences:

1. The interests of the people are represented…..

2. Public law deals with…

3. Private law deals…

4. Substantive law…

5. Procedural law..

6. Judicial procedures involve…

7. Procedural problems arise…

8. For administrative purposes…

Ex. 21 Make summary of the text 3. Use these phrases :

Useful phrases

I’ll give a review of the text. The title of the article is … The text is devoted to … At the beginning of the text … The text says (describes, underlines, stresses) that … The text goes on to say … It is interesting to note … At the end of the article … In conclusion the author writes …