All legal rules can be grouped into broad categories according to their type. A rule’s classification tells us the situations to which it applies and how it applies in relation to other rules. For example, all law is classified as either criminal or civil.
Substantive or Procedural Law
All law is either substantive or procedural.
Substantive Law-
A substantive law is a legal rule which creates or defines rights and duties. For every right, there is a corresponding duty.
Examples of substantive law are the constitutional provision establishing Congress, and administrative regulation requiring the registration of publicly traded securities, a state statute limiting the speed of vehicles, or a court opinion interpreting the terms of a contract or further refining common law rules of negligence.
Every substantive law can be classified as either public or private.
Procedural Law-
Procedural law, sometimes called adjective law, complements substantive law by providing the mechanisms to enforce substantive rights and duties. As it relates to courts and administrative agencies, procedural law typically includes the method for initiating an action, serving a summons, making motions, conducting discovery and trial, and appealing the final judgment.
Examples of procedural law include the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, and the Federal Rules of Appellate Procedure.
Public Law-
All substantive law is either public or private. Public law consists of rules which involve the relationship of government to society as a whole. Constitutional law, administrative law, and criminal law are examples of public law.
Private Law-
Private law consists of rules which involve the relationship of private individuals to each other. Most civil law is private law, including tort law, contract law, and most property law.
Criminal Law and Civil Law
Criminal Law-
Criminal law consists of rules designed to protect society by providing minimum standards of conduct which must be observed by each of it members. Penal sanctions are imposed on those who fail to observe the minimum standards. Crimes are defined by statute (federal or state) or ordinance (local).
Crimes are further classifies as treason, felonies, or misdemeanors.
Treason-
Treason is an attempt to overthrow the government as defined by Articles III, Section 3 of the U.S. Constitution.
Felony-
A felony is a crime for which the maximum possible punishment is either death or imprisonment for on year or more.
Misdemeanor-
A misdemeanor is a crime for which the maximum possible punishment is either a fine or imprisonment for less than one year.
Civil Law-
Civil law consists of those legal rules which focus on the rights and duties of individuals in relation to each other. In contrast to criminal law, which imposes penal sanctions, civil law sanctions are remedial; they grant a remedy to enforce a right.
American civil law is based on common law principles and traditionally is classified according to the basis of the right or duty to be enforced, and the type of remedy sought, whether legal or equitable.
Tort-
A tort is a wrongful act (other than breach of contract) for which the law provides a remedy, typically in the form of money damages. Torts are based on rules of conduct to which each member of society is expected to conform.
Examples of torts include assault, battery, conversion, false imprisonment, negligence, and trespass. A tort can be intentional (assault, battery, conversion, trespass); unintentional (negligence); or based on strict liability (defective product sold to public).
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