What is the difference between private law and public law?
In general terms, private law involves interactions between private citizens, whereas public law involves interrelations between the state and the general population. Public law is a theory of law governing the relationship between individuals (citizens, companies) and the state.
What is private law in South Africa?
Private Law. Private Law is the law that deals with relationships between individuals and includes, amongst many other areas of law, African Customary Law; Law of Delict, Law of Contract and Law of Property; as well as Law of Persons and Family. Preliminary Level LLB.
What is a private crime?
Essentially a private crime is one where an individual or organisation chooses to bring about a prosecution rather than the state. … Another element of a private prosecution is that the defendant involved may prefer it so that they are not faced with a public prosecution.
Which of the following is private law concerned with?
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems).
What are examples of private law?
Private law includes civil law (such as contract law, law of torts and property law), labor law, commercial law, corporations law and competition law. Public law includes constitutional law, administrative law and criminal law.
What is the main purpose of public law?
In its most basic terms, the role of public law is to regulate the relationship between the state and individuals. In addition, public law refers to the state’s special powers to run the country; meaning its power to enforce, apply, implement, make, repeal and amend the law.
What is South Africa’s legal?
South Africa has a ‘hybrid’ or ‘mixed’ legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of …
What is the highest law in South Africa?
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government.
What are the two main sources of law in South Africa?
South African law has more than one source: Legislation. Case Law (court decisions) Common Law.
What is a mala Prohibita crime?
Malum prohibitum (plural mala prohibita, literal translation: “wrong [as or because] prohibited”) is a Latin phrase used in law to refer to conduct that constitutes an unlawful act only by virtue of statute, as opposed to conduct that is evil in and of itself, or malum in se.
What does private prosecution mean?
A private prosecution is a prosecution started by a private individual, or entity who/which is not acting on behalf of the police or other prosecuting authority. … The right to bring private prosecutions is preserved by section 6(1) of the Prosecution of Offences Act (POA) 1985.
How do you prosecute someone?
Arrest Reports and Criminal Charges
The prosecutor will typically: determine that the case should be charged and file a “complaint” (the charging document may go by a different name) decide that the case should go to a grand jury, which will decide what charges, if any, to file, or. decide not to pursue the case.
What are the branches of private law?
Major subdivisions of private law include (depending on whether the jurisdiction belongs to the civil law, common law, or other legal tradition) torts and contracts or the law of obligations as well as property law, family law, commercial law, and the law of succession (probate and estates).
What is an example of public law?
Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. … The government must obey the law. For example, a citizen unhappy with a decision of an administrative authority can ask a court for judicial review.