CLASSIFICATION OF LAW AND ITS DIFFERENT BRANCHES - ARTE - 2024

The classification of law is as follows: public law and private or civil law, each of which is divided into several branches. Law is a set of norms and rules that affect every aspect of our lives, it governs them from before birth to after death.

The law is classified as public law, which regulates the relations between the State and its citizens, and private or civil law, which includes the rights and obligations of some individuals towards others. It is exercised by lawyers within the judicial power or in the free practice of the profession.

Public law is made up of constitutional law, administrative law and criminal law. Private law manages the particular relationships between them and is made up of: civil law, commercial law and labor law.

International law will be explained outside of this classification, as it encompasses both public and private spheres.

In this way, the types of law in which lawyers work are summarized.

The branches of public law: constitutional, administrative and criminal

Constitutional law is made up of norms related to the fundamental structure of the State, the functions of the institutions and the relations of these entities and with citizens. This branch is administered by the highest court of the judiciary.

The lawyers who develop in this area of ​​law have the necessary training to analyze the interpretation of constitutional texts, their operation and interrelation at the different levels in which the public power is structured at the national, regional and local levels.

You can also make comparisons between the constitutional texts of different countries and provide your conclusions.

The administrative law is responsible for matters related to the processes of public administration entities. It has been developed for one hundred years due to the responsibilities that the State has in matters of education, health, social security and social work.

This has generated that citizens and entities can sue for breaches of the State in these matters.

Criminal law is in charge of establishing the norms that the State sets out to combat problems related to crime. This branch is exercised by the courts in this area, prosecutors and lawyers in free practice. The penal codes indicate the procedures for due process.

Trial lawyers in criminal matters must collect all the information in the file, the evidence, jurisprudence and other elements that help them to protect the interests of their client through the tools provided by the current legal system.

The classification of private law: civil, commercial and labor

Civil law deals with the rights and duties between individuals in matters related to obligations (contracts), regulates the activities of marital status, family, assets, organization of the patrimony of natural and legal persons, inheritance matters. The Civil Code summarizes the obligations of people within society.

Commercial law is in charge of the matter of constitution of commercial companies through the consignment and review of collections such as meeting minutes and financial statements. The commercial code governs the relationships between commercial companies and their relationships with each other.

Labor law is in charge of regulating the relationships between individuals when there are worker-employer relationships, that is, subordination relationships.

The labor courts are responsible for applying the laws in accordance with the situations that arise between workers and employers.

International law: public and private

International law is in charge of standardizing and setting norms for relations between international subjects. It is classified in:

• Public international law: establishes the rules that regulate relations between States and international organizations. Both parties create their operating mechanisms.
• Private international law: it is the set of rules, privately, that indicate how to resolve conflicts between international subjects.

The international treaties approved in the assemblies of the integration organizations, in order to be fully effective, must be debated and ratified in the parliaments of the member countries.

The sovereignty of nations, exercised by men and women over 18 years of age, is represented in legislative bodies elected by universal, direct and secret suffrage. These treaties become part of each legal framework.

Some data on the exercise of the right

The regulations related to the aforementioned classifications of law are prepared by drafting lawyers, who present the project to legislators who in turn submit it to their colleagues for consideration in committee sessions. This is followed by a study with parliamentary advisory lawyers.

Later they are taken to plenary sessions, according to the regulations of Parliament, for debate in various discussions. Reaching the maximum period, a vote is taken for or against the project.

The process of making laws and regulations is one of the ways in which law and politics work together. The power has the possibility of proposing legislative initiatives, taking into account the universally accepted principles of law.

Differences between criminal and civil law

Among the classes of rights mentioned, differences can be established between criminal and civil. The prison is in charge of those crimes against the State. For example, a prosecutor charges a corrupt politician.

The civil takes care of disputes or differences between private individuals, a plaintiff files a lawsuit against the defense.

Universities offer postgraduate study programs in which lawyers are trained in the classifications of law, in order to add value to the exercise of their profession. In this way, legal research can be deepened.

Lawyers have a range of options to apply their knowledge inside and outside the country where they are trained. In the public sector, they can develop careers through the public defender's office, the prosecutor's office, the comptroller's office, courts, diplomatic representations and multilateral entities.

In the private sector they can advise legal and natural persons on new classifications of law.

The law allows societies to establish their standards, preferably universal legal principles, to maintain a healthy coexistence within the framework of cultural differences where they develop.

The responsibility of lawyers is to use and maintain the rule of law of their respective country.

References

1. Moreno, G., et al. Introduction to the study of law. Mexico City, National Autonomous University of Mexico.
2. Gordillo, A. (2000). Introduction to Law. Buenos Aires, Administrative Law Foundation.
3. Reale, M. (1993). Introduction to Law. Ediciones Pirámide, SA Madrid, Spain. Recovered in uco.es
4. Introduction to Law. Recovered from: catalogue.pearsoned.co.uk
5. Introduction to Law. Recovered from: hse.ru.