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Which of the following is commonly classified as both public and private law? (A) Criminal law (B) Indigenous customary law (C) International law (D) Tort law - HSC - SSCE Legal Studies - Question 15 - 2005 - Paper 1
Question 15
Which of the following is commonly classified as both public and private law? (A) Criminal law (B) Indigenous customary law (C) International law (D) Tort law
Worked Solution & Example Answer:Which of the following is commonly classified as both public and private law? (A) Criminal law (B) Indigenous customary law (C) International law (D) Tort law - HSC - SSCE Legal Studies - Question 15 - 2005 - Paper 1
Step 1
Identify the classification of laws
Answer
Legal systems typically classify laws into two main categories: public law and private law. Public law governs the relationship between individuals and the state, while private law governs relationships between individuals.
It's important to understand the distinctions:
- Public Law includes areas such as criminal law and constitutional law, wherein the state is a party.
- Private Law deals with the legal relationships among individuals, such as in contracts and torts.
Step 2
Evaluate the options
Answer
Now let's analyze each option:
(A) Criminal law: This is typically classified as public law, as it involves the state prosecuting an individual for criminal acts.
(B) Indigenous customary law: Usually fits within private law parameters but can have public aspects depending on the jurisdiction.
(C) International law: Often encompasses both public and private elements. It regulates the conduct of states (public) and can involve private entities in areas such as international business transactions (private).
(D) Tort law: This is primarily classified as private law, as it deals with civil wrongs between individuals without direct involvement from the state.
Step 3