The Division of Law: Private Substantive Law

Private law is very different from public law. Unlike public law which deals with government and citizen relations, private law deals with the legal relationships between private citizens, and between citizens and organizations. Another name that is used interchangeably with private law is civil law; however, they refer to the same thing. Supplementary, civil cases are different from criminal courts; the people involved are dealt with in a different manner. Private law’s primary purpose is to compensate and settle disputes.

When someone says they are going to sue someone, they are referring to suing them in a civil court. This is because it’s a situation that involves him, and another citizen. The person initiating the lawsuit is named the plaintiff, while the accused is named the defendant. It shouldn’t be hard to differentiate between those two terms. Basically, the person is defending (defendant) himself from the plaintiff. Common reasons for someone to initiate a civil case are: injury, property damage, loss. The plaintiff and defendant are typically armed with lawyers, in order to enhance their chances of winning the case. Rarely do people represent themselves.

Precisely like public law, private law is composed of subcategories. These subcategories outline the essence of civil law; private law is divided into 6 components. The first of these is called family law. This evolving area concerns the relationships between spouses or partners, and between parents and children. It also deals with issues such as child custody, divorce, etc. Secondly, is contract law which we come into contact with very often, especially online. Typically, when you register for a site, you have to accept to their terms and agreements. This is a form of contract law. They outline the needs for legally binding agreements. Legal action can undoubtedly be pursued if one member of the contract does not fulfill his share. The plaintiff could take legal action against the defendant in civil court to ultimately sue for damage. The third component of private law is called tort law. Briefly speaking, it deals with the wrongs of others. If you think someone has done you wrong and has caused significant damage to you (physically, financially, etc.) then you may take them to civil court. Negligence is the most common action in tort law. An example of negligence is suing a cardiologist for malpractice (carelessness) if he causes damage. Fourthly, property law assists in composing civil law. Basically, it concerns with anything that has a dollar value. Also deals with estates, as the land is distributed by the government. Many of these property laws were established by the English courts centuries ago. Finally, the last element of private law is labor law. Used interchangeably with employment law, it’s concerned with the relationships between employers and employees. A few examples of the areas labor law pertains to are: compensation, unions, minimum wage, working hours regulation, etc.

Legal action through private law is generally a lengthy process. Unfortunately, it’s because there are so many civil courses that there is a waiting list. It usually takes a few years after legal action is pursued before any actual action happens. Laws deal with very important things, such as money and property, which is why these cases should be considered carefully without haste.