Compare private law and public law to understand these forms of law. Review public law examples and private law examples to better understand the differences.
Updated: 11/21/2023
Public vs. Private Law | Definition, Differences & Examples
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Frequently Asked Questions
What are examples of public law?
Examples of public law include constitutional law, criminal law, and international law. Constitutional law is the body of laws that sets out the basic rights of citizens and regulates the relationship between the government and its people. Criminal law is used to handle crimes, while international law helps to govern relationships between different nations.
What are examples of private law?
Contract, property, and tort laws are all examples of private law. Tort law is a legal system that aids in the resolution of disputes between private citizens without the use of jail time. Property laws aim to regulate property ownership and usage.
What is the difference between private law and public law?
The main difference between private and public law is the scope of the problem that is being addressed. Private law deals with issues that are specific to individuals, such as contract negotiations or property disputes. Public law, on the other hand, deals with issues that are important to society as a whole, such as human rights or national security.
What is meant by public law?
A system that regulates interactions between the government and persons is known as public law. This type of law includes constitutional law, criminal law, and international law.
What is meant by private law?
A legal system that regulates interactions between individuals is known as private law. This type of law includes family law, property law, and tort law.
Table of Contents
ShowThe definition of private law is the area of law that regulates the relationships between individuals. Private law plays an important role in our society and governs many different aspects of our lives. It is also known as civil law, which is described as the branch of law that deals with disputes between private individuals or entities. Private law includes:
- Contract law: the laws that govern the formation, performance, and termination of contracts. Contracts can be oral or written, and they can be simple or complex. Some common contract terms include offer, acceptance, consideration, breach, and damages.
- Tort law: the laws that govern civil wrongs (torts) committed by one individual against another. Torts can be intentional or accidental, and they can result in personal injury, property damage, or death. Some common tort actions include negligence, defamation, invasion of privacy, and product liability.
- Property law: the laws that govern the ownership and use of property. Property can be tangible (such as land, cars, and furniture) or intangible (such as patents, copyrights, and trademarks). Property law includes real estate law, contract law, and tort law.
- Family law: the laws that govern marriage, divorce, child custody, and other family matters. Family law is a branch of private law that deals with civil matters. Family law includes divorce law, child custody law, and adoption law.
Private Law Examples
Due to its wide scope, there are many private law examples that can be explored. Here are some examples of private law in regards to contract law, tort law, property law, and family law:
- Contraw Law: In a contract dispute, Thomas offers to sell a car to Jane for $10,000. Jane accepts the offer, but then changes her mind and decides not to buy the car. Thomas then sues Jane for breach of contract, seeking damages of $10,000.
- Tort: John is driving his car on the highway when he is rear-ended by Rachel. John suffers injuries in the accident and sues Rachel for damages.
- Property: Paula owns a house in the suburbs and wants to sell it. She enters into a contract with Bob to sell the house for $200,000. The sale goes through, and Bob takes possession of the house.
- Family: Bill and his wife, Jan, are getting a divorce. They have two children, aged 5 and 7. Bill is seeking sole custody of the children, while Jan is requesting joint custody.
These examples show the wide variety of relationships between individuals that private law governs.
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When most people think of law, they think of the criminal justice system, which is mainly defined by public law. The definition of public law is the area of law that governs the relationships between individuals and the government. It includes:
- Constitutional law: Constitutional law is the branch of law that governs the structure and operation of government. It includes the Constitution of the United States and the constitutions of individual states. The Constitution of the United States establishes the basic rights and responsibilities of citizens. The Constitution is a binding legal document that must be followed by all branches of government.
- Administrative law: the laws that govern the administrative process, including rulemaking, adjudication, and enforcement. Examples of laws within this category include the Administrative Procedure Act, the Freedom of Information Act (FOIA), the Federal Advisory Committee Act (FACA), and the Regulatory Flexibility Act (RFA).
- Criminal law: the laws that govern criminal offenses, including murder, robbery, and kidnapping. Criminal law is important because it ensures that individuals who commit crimes are held accountable for their actions.
- International law: the laws that govern the relationships between nations. International law is important because it helps to ensure peace and cooperation among nations.
- Tax law: the laws that govern taxation, including income tax, sales tax, and property tax. Tax law is important because it ensures that individuals and businesses pay their fair share of taxes.
Public Law Examples
There are numerous real-world public law examples. Some of these examples include:
- Constitutional law: The clearest cases of constitutional law are generally Supreme Court cases, such as the 2015 case of Obergefell v. Hodges, in which the court ruled that bans on same-sex marriage were unconstitutional.
- Administrative law: In 2015, the Obama administration issued the Clean Power Plan, which is a regulation that sets limits on carbon pollution from power plants. The Clean Power Plan is an example of administrative law in action.
- Criminal law: A famous criminal law trial was the trial of O.J. Simpson for the murder of his ex-wife, Nicole Brown Simpson. In this case, O.J. Simpson was charged with two counts of murder and found not guilty.
- International law: One noteworthy international law example was the United Nations Security Council's response to the Syrian civil war. In 2012, the Security Council adopted Resolution 2042, which condemned the use of violence by the Syrian government against civilians.
- Tax law: An example of tax law in action is the Tax Cuts and Jobs Act of 2017, which was a piece of legislation that cut taxes for businesses and individuals.
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Public vs. Private Law | Definition, Differences & Examples
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