Saturday, April 21, 2018

Classification of law

Classification of law

From olden days a human being cannot live in isolation with his neighbours
 buying and selling to satisfy his needs his relations between him and other in that Society created some sort of reports which should be regulated the authority which rules the society but is it necessary ruins rules to regulate those rapports therefore the law appears to organise the relations in the society in other meaning the regulates the behavior and conduct of the people in this study we briefly explain the principles what was the law to the student who doesn't know the branch of sciences sussed trust says thus divide this this is the city u d y study into two parts we study the theory of f law is the first part 
and the theory of rights in the second part

Classification of law

the basic of law division is in public and private law. This classification is based upon a distinction between the public or private character of the persons concerned.

public law is that wich regulates relations of public persons among themselves or relations arising between public person either the state or one of its authoritieswhether legislative, excutive or 

private law concerning with the relation of private person among themselves

Subdivision of public law

Public law includes several branches constitutional law, administrative law, the criminal law, the public international law, and the financial law

1- The constitutional law

It means that branch of public law of a state which streets organisation end frame of government the organs and power of sovereignty authorities and functions

The fundamental which are to regulate nations of government and subject and prescribers generally the plan and Method according to which the public affairs of the state are to be administrated

The works on constitutional law usually deals  with the state in relation to maintenance off order and the defence of the state rather than with it's expanding activities in social economic sphere

It is new gardening tool the letter that the average citizen comes face to face with the official in the course of day-to-day administration but his fundamental freedoms more likely the infringed in relation to the maintenance of order it is in this sphere that the courts are likely to be in conflict with the executive and it is to the courts rather than the parliament is it the citizen resorts for the redress of his individual grievances

thus a b text book unconstitutional law can cover only a part of the vast field uS government n status of 
ministers but not the details of services such as education or housing this is left to administrative law

The criminal law

Criminal law is that branch of law which relates of offences that may be the subject of criminals proceedings instituted for the punishment of the offenders any act or omission which may be the subject of such proceedings is a criminal offense
thus a crime can be defined as n an offence against the state not necessarily violating any private right end punishable by the state here we have two distinguish between breeches of law which are crimes and those which are merely illegal without being criminal
A criminal offence is essentially characterised by the fact it intails a liability to banishment by the state and not payment of damages by way of competitions to the injured party while a tort is a civil wrong for which the remedy is an action for compensation in the form of unliquidated damages an offence can be both a tort and a crime houses is it in the case with assault and libel.
If an offence is known to be a crime one test to ascertain if it also a tort is to see if it damages any particular individual

Objective of criminal punishment

The main object of criminal law to punish the offender and not to compensate the person injured
Criminal punishment acts upon
1. The body of the Offender by depriving him either permanently or temporarily of there power to repeat the offence
2. The mind off the offender by striving to villavent him frome repeating the offence by the terror it inspires 
3. The mind others by striven to deter them from committing offense 
Division of crimes
According to the Egyptian penal code crimes are divided into three kinds as follow
. felonies
. Contraventions
those classification is based on the seriousness of the offence
egyptian penal code
specifies the crimes that come under each of these decisions there is no crime without law and no punishment without a text 
In case of felonies the punishment inflicted maybe
. Capital punishment
. penal servitude for life
. Penal servitude

. Imprisonment if not less then 3 years
misdemeanours are punishable by
. A fine of not less than £1
. Imprisonment for a period of not increasing 3 years
. Conservation are punishable by
. A fine not exceeding £1
. Detention for not more than one week
Essentials of a crime
As a general rule crime involves guilty conduct and guilty intention
Guilty conduct may consist of an act or omission. Or omission constituting guilty conduct is known as ACTUS REUS which must be an act prohibited by law.
In case of omission a person is not generally held criminally responsible unless he was under a legal obligation or agreement to take action in the circumstances is which he was placed
Guilty intention (MENA REA)
Exhibition used to deonte 
1. The accused attitude of mind to what he was doing
For example without his conduct a
was or was not voluntary
. The accused's foresight of the consequences of what he was doing
among the essentials are the following
1. Malice which may be malice in fact malice in-law
malice in fact indicates the existence of some direct purposes, unlawful or immoral in committing a crime
.malice in law 
It shows the absence of some legal excuse for doing an act unlawful
. attempr which is some physical act which helps in a sufficiently proximate degree towards carrying out and contemplated indicatable crime
A mere intention to commit a crime is not punishable if no steps are taken to carry it into effect but an attempt to commit a crime is in itself offence and therefore punishable
Impossibility of performance doesn't of itself render the attempt gulitless I.e  attempt to pick a pocket which is in fact empty

3.Incitement to incite another to commit a crime is in itself a crime whether the other consents or refuses to do what he is asked to do so it is punishable

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