WHAT ARE THE CLASSIFICATIONS OR DIVISIONS OF THE BRANCHES OF THE LAW?
This refers to the grouping together of the law because of specific similarities in their origin, principle and their application and effect in the field of law. It implies organizing legal information into subjects or fields of learning for the sole purpose of finding a proper solution to a legal problem.
WHAT ARE THE IMPORTANCE OF CLASSIFICATION OF LAW?
1. It facilitates access to legal information. This means that it helps students and researchers to have access to information easily.
2. The way law is practiced along jurisdiction. It helps to bring about certainty and predictability.
3. Classification brings about orderliness into the law.
4. It helps us to dichotomize lay notions of human interactions(mere paths) and legal notions of human interactions.[fisher v. Bell],[Carlil v. Carbolic Smoke Ball],[Central London Property Trust v. High Trees House]
5. It helps members of the legal community (lawyers, Academics and judges) to gain deeper understanding and experience in the field of law.
6. It facilitates effective operation of the court system. Thus it facilitates the administration of justice.
7. It assists the courts to know the mode of trial to adopt. Thus helps the Judge to know the mode of trial in a case. Eg. Whether felony, indictment etc.
It should be noted that:
1. Some of the classifications overlap. Some are within others.
2. The classification of the law differs widely depending on the purpose a field of law is serving and how that field has evolved.
3. Some kinds have served useful purpose in the past but their relevance today is diminished significantly.
WHAT ARE THE VARIOUS CLASSIFICATIONS OF LAW?
1. CRIMES AND CIVIL WRONGS: generally the law is divided into two categories; criminal branch and civil branch of the law. Glanville Williams in his book, learning the law says that this classification hinges on the legal consequences that may follow the act and not just the wrongful nature of the act. In criminal law it is a crime against the state but civil is against individuals.
Criminal and civil wrongs(torts/ contract) become clear when you look at the procedure adopted in both systems, outcome reached on both cases and finally terminologies. In criminal proceedings there is a prosecutor prosecuting an accused. The result in the criminal proceeding is that the accused is either convicted or acquitted. When convicted you are guilty. If acquitted you are not guilty. If a person is convicted he will be punishable by a fine or imprisonment or both.
In civil proceedings, the plaintiff sues or brings an action against the defendant. The outcome is a judgment which may order to the losing party to pay damages in the form of money, or you may be asked to do an act by transferring a property.
In re matter Poku- means Poku is deceased
Ex –Parte –without notice
Habeas corpus-produce the body
In bonis
WHAT ARE CLASSIFICATIONS OF CIVIL LAW?
1. BREACH OF CONTRACT: the law of contract deals with the legal effects of agreements in civil law. It informs how a legally effective contract has been broken. In short contract law is about agreements and promises.
2. TORT: the law of torts or civil wrongs consists of the law governing wrongs such as trespass to land, false imprisonment, libel and slander, nuisance and the negligent infliction of injury. The tort is a civil wrong which is independent of contract. This is the main contrast with contract. They do not happen to consist either in the breach of agreements or in breaches of trusts.
By civil wrongs we mean a wrong whose remedy is intended to help the victim. Thus it is mainly concerned with compensation for injury and not to punish the wrong doer. Whereas contractual obligations are usually voluntarily assumed, tort law duties are typically imposed upon us whether we like it or not.
As the matter stands the law of torts currently appear to reflect a tension between two different theories of civil liability. According to the first, liability should occur when there is a deliberately inflicted injury or fault in the rather artificial sense which of a failure to exhibit care on the part of a reasonable person. The second one is that liability should not rely on fault at all. It should be strict and rely on the individual whose activities led to the act.
3. THE LAW OF PROPERTY: A property can be movable or immovable. Immovable ones are landed properties such as buildings and lands. Movable could be tangible or intangible. Immovable property law deals with rules that govern the transfer of interest in landed property such as house, houses and things on them. The law of trust is a sub division of the law of property. A trust arises when a property is given to someone, a trustee on the understanding that the trustee is to hold and manage the property for the benefit of someone else, a beneficiary. If the trust is in a will, the one who writes the will is known as the testator and the beneficiary in the will is known as cestui que truste. There is private trust and public trust, this distinction is made by the purpose of creating the trust. Public or charitable trust is made at promoting public welfare.
WHAT ARE CLASSIFICATION OF CRIMINAL OFFENCES?
Crimes are divided based on their mode of trial. Crimes are divided into 3 main categories:
1. INDICTABLE AND SUMMARY OFFENCES: This division highlights the two possible forms of trial under criminal jurisprudence. This classification is by means of dividing crimes into indictable and summary. Indictable trial is a mode of trial adopted by the courts for very serious offences such as murder. For an offence of murder, the procedure is that it is tried by a judge and a jury in Ghana. If the mode of trial is indictment, the prosecution charge you with an offence and put you before the lowest court (district or magistrate court) to commit you for trial which is known as committal proceedings. Here the prosecution presents before the magistrate two documents. The first is the Bill of Indictment which states in writing the charge against the accused person. Stealing contrary to section 124 of Act 29 (1960) is the charge for stealing. The second (summary of evidence ) must contain the list of all the witnesses who will be called by prosecution and a summary of evidence to be given by each witness. What the judge does is to determine issues of law. That is the magistrate examines the evidences and proceed. The judge commits the accused person to the high court after the summary of evidence.
With the summary trial, it is a more expeditious mode of trial which is used for the less serious type of offences. This is applied for all offences not tried on indictment in Ghana. Here it is only before a judge or a magistrate. Summary offences require no jury.
2. INCHOATE OFFENCES AND COMPLETE OFFENCES: Inchoate offences are those offences committed based on steps taken by the accused person. These offences are incomplete. These offences are deemed to have been committed even though the person did not finish with the execution of the offence. For inchoate offences, it is difficult to find the action-Eg is attempt under Section 18 of Criminal offences Act. Act 29
With the complete offences, the offence has been fully committed. There is both the elements of Actus Reus ( there must be committing of the act) and mens rea (there must be an intention to commit the act)
3. BAILABLE AND NON-BAILABLE OFFENCES: Persons who commit non bailable offences are not to be granted bail. Before the SC case of martin Kpebu v AG, non bailable offences include murder, armed robbery. However This has been changed by the SC case of Martin Kpebu v AG . In Martin Kpebu v AG (5-2 majority), the Supreme Court declared section 97(7) of Act 30 unconstitutional. Hence a court that has jurisdiction to try murder, rape, treason, piracy, defilement etc has jurisdiction to grant bail. It however behooves on the court to set appropriate conditions in the granting of bail. A bail is a person who is standing surety to procure your release from arrest. For a bailable offence , a person will be allowed bail if he provides surety which could be self – recognizance. The sureties duty is to ensure that the person granted bail is produced before a custodial body, thus a court or police.
WHAT ARE THE OTHER MODES OF CLASSIFICATION OF LAW?
Other classifications cut across both civil and criminal.
1. SUBSTANTIVE AND ADJECTIVAL LAW: Substantive law lays down people’srights, duties, liabilities and powers. They are the substantive areas of the law which deals with the rights of individuals and corporations. Substantive fields in Ghana include, contract law, tort and even criminal law. These are substantive rules that govern us in the adjudication of cases. Act 29 is a substantive act in criminal matters.
Procedural or adjectival law deals with the enforcement of individual rights and liberties. They are the rules which deal with how the cases should be framed and tried in the law courts.
Procedurally, to enforce any of your civil rights, you use the High Court Civil Procedure Rules (CI 47). Another procedural rule is the Evidence Act-NRCD 323 which deals with how to lead evidence in court.
2. PUBLIC AND PRIVATE LAW : This classification is based on the degree of relationship or connection that exists between the parties concerned. On one hand, public law is concerned with the relationship between the state and individuals or group of individuals and also between the various state organs. Public law therefore regulate the activities of the state vis-à-vis its subjects. The main branches of public law are constitutional law, administrative law, adjectival law and criminal law. Constitutional law regulate the structure and functions of the principal organs of the state such as the executive, legislature, judiciary. Administrative law is concerned with the regulation of governmental and administrative agencies. Adjectival law prescribes rules by which litigation is conducted and allegations proved in the court of law.
On the other hand, private law concerns itself with regulating the relationship between individuals. The main branches of private law are family law, the law of property, the law of contract , the law of succession and the law of torts. Family law regulates family relationships such as marriage and divorce. The law of succession deals with the manner of disposition of a deceased estate. The law of property determines the nature and extent of rights which a person may enjoy over things such as land. Thus ownership , mortgage and pledges form part of this law. the law of tort represents the means whereby individuals may protect their private interest and obtain compensation from those who violate them.
3. INTERNATIONAL AND MUNICIPAL LAW :National (municipal) law is the law operating within boundaries of a particular state. This is what Blackstone describes as the rule of civil conduct prescribed by the supreme power in a state commanding what is right and prohibiting what is wrong. A sub branch of national law is private international law ( conflict of laws which sets out which national law governs a case with a foreign element)
Public international law however comprises a system of rules and principles that govern the international relationship between sovereign states and other institutional subjects of international law such as the United Nations and the ECOWAS.
In the relationship between public international law and municipal law, it must be noted that Ghana belongs to the dualist system where international conventions and treaties do not assume automatic operation in Ghana. They must be first ratified and incorporated into national legislation by parliament before they can have the force and effect in Ghana (Article 75 of the 1992 Constitution). The monist approach involves the automatic incorporation of international legal instruments into laws.