Classification of Law
Law is divided into a number of classes. The most important classifications of law for purposes of this post are civil and criminal law. However, some conduct may be both of a civil and criminal nature. For instance, assault and adultery can give rise to both criminal and civil cases.
(i). Criminal Law
Criminal law is that branch of law that stipulates what conduct amounts to a crime and lays down the punishment for persons who commit crimes. This law is meant to protect the public against wrongs that can be done by individuals.
Most crimes are defined by a law called the Penal Code Act. For instance, assault, theft, forgery, defilement, rape, murder and treason are some of the offences that are stipulated in the Penal Code Act.
There are many other Acts of Parliament and other written laws that create offences. For example, the Prevention of Corruption Act creates offences related to corrupt conduct such as soliciting, giving or receiving bribes.
The Traffic and Road Safety Act creates traffic offences such as reckless driving, drunken driving, driving a motor vehicle without a valid driving license, among others.
There are also bye-laws made by bodies such as Local Governments, which create offences. For example, Kampala City Council Authority bye-laws forbid letting animals loiter in the city.
However, for the offence called contempt of court, the law creating it does not fully stipulate the various acts that are prohibited by law. The offence generally forbids disrupting or showing disrespect for court proceedings. The discretion is left to a judicial officer to determine what conduct in his or her view amounts to contempt of court.
For example, talking on a mobile phone or shouting when a judge or magistrate is hearing a case would amount to contempt of court. However, judicial officers are not supposed to abuse their powers by recklessly applying this law. For instance, it would be wrong for a judicial officer to punish someone for contempt of court because he or she has coughed or has come to court in slippers or sandals.
A person who is subjected to reckless interpretation and application of the law of contempt of court can lodge a complaint with the Chief Magistrate, the Registrar, the Inspector of Courts, Chief Registrar, Principal Judge or the Judicial Service Commission.
(ii). Civil Law
Civil law is the law that creates and protects rights of individuals in their private capacity as legal persons. Examples of civil law include the law governing formation and enforcement of contracts, the law of marriages and the law of succession.
Some of the civil law, such as the law of contracts also applies to companies and government since in law they are regarded as legal entities or persons.
What is/are the Differences between criminal and civil law.
There are a number of differences between criminal and civil law. These include the following:
- The nature of the proceedings, the language or terminology used, the remedies given are generally different. For instance, criminal cases are usually instituted by and in the name of the State on behalf of the wronged party.
- The wronged party or victim of crime is referred to as a complainant while in civil law, the wronged party is referred to as the plaintiff or petitioner.
- One of the aims of criminal law is to punish the wrong doer while civil law aims at determining rights and giving relief to a party whose rights have been infringed by wrongful acts of another.
- In criminal proceedings, the burden of proof lies on the State to prove the cases against the accused beyond reasonable doubt.
- In civil cases, the burden of proof is on the plaintiff to prove the case against the defendant. However, the plaintiff need only prove the case against the defendant on the balance of probabilities. This means that the plaintiff only has to show that most likely than not, the defendant committed the acts complained of.
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