Additional texts Unit 1 General Classifications of Legal Subjects

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.

Criminal Courts

Magistrates’ courts. The vast majority of all criminal cases are dealt with in the magistrates’ courts by magistrates, who are also known as Justices of the Peace (JPs). A magistrates’ court normally consists of three JPs (up to seven). They try the huge number of criminal cases which are brought for trivial crimes: motoring offences, petty theft, drunkenness, minor offences of violence and other breaches of public order. All these are summary offences.

. JPs have no legal qualifications. They receive no payment for their work. The clerks help them on points of law in deciding a case.

In some major cities, including London, there are District Judges in magistrates’ courts. They are qualified lawyers, work full time and are paid salaries. They sit alone and deal with more complicated cases. A person accused before a Magistrates’ Court may demand to be sent for trial before a Crown Court, even if the case is not serious.

Crown Courts.

Crown Courts act as the courts of first instance (trial courts) for serious criminal cases and the courts of appeal for Magistrates’ Courts. Only professional judges work in the Crown Courts: High Court Judges, Circuit Judges and Recorders.

High Court Judges usually try the most serious criminal cases. Circuit Judges try certain categories of serious criminal offences such as murder, rape, child abuse and fraud.

The judge presides over the trial, but the decision on guilt or innocence is made by a jury of twelve citizens. The judge's functions are, first, to see that the trial is properly conducted; second, to give guidance to the jury before asking it for its verdict; and finally, if the jury finds the accused guilty, to decide upon the penalty and pronounce a sentence.

Appeals against the decisions of the Crown Court may be taken to the Court of Appeal.