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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There are some important differences between the categories public and private law. Oftentimes, cases in public law affect a large number of people, while cases in private law affect only a few people. For example, a constitutional law case may affect all citizens of a state, while a contract dispute between two individuals will only affect those two individuals.
Public law is also more likely to deal with issues that are considered important to society as a whole, such as human rights, the environment, and national security. Private law is more likely to deal with issues that are specific to individual relationships, such as property disputes or contract negotiations.
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Laws can be categorized into one of two types: private law and public law. Private law handles legal issues of the relationships between individuals. Examples of private law include contract law, property law, and tort law. Contract law is the body of laws that governs the rights and responsibilities of people who enter into contracts. Tort law is a legal framework that helps resolve disputes between private citizens without the use of jail time. Property laws aim to govern the ownership and use of property.
Public law handles the law between the government and individuals. Examples of public law include constitutional law, criminal law, and international law. The main purpose of constitutional laws is to safeguard people's rights as defined in the Constitution. Criminal law is used to handle criminal offenses and international law helps to govern and regulate the relationships between nations. The major distinction between public and private law is whether the problem affects the entire population or just a few individuals. Both types of laws play important roles in safeguarding and regulating our society.
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Video Transcript
Public Law vs. Private Law
If you saw a man run from a convenience store with a few pilfered products under his arm, he is violating public law. He committed the crime of theft, and that affects everyone.
On the other hand, if your neighbor filed suit against you because your barbeque smoke traveled to his yard, you may be violating private law. You infringed on your neighbor's right to peaceful enjoyment of his property.
Essentially, the difference between public law and private law is whether the act or acts affect society as a whole or is an issue between two or more people.
Public Law Explained
To simplify things, public law deals with issues that affect the general public or state - society as a whole. Some of the laws that its wide scope covers are:
- Administrative law - laws that govern government agencies, like the Department of Education and the Equal Employment Opportunity Commission
- Constitutional laws are laws that protect citizens' rights as afforded in the Constitution
- Criminal laws are laws that relate to crime
- Municipal laws are ordinances, regulations and by-laws that govern a city or town
- International laws are laws that oversee relations between nations
Let's use Brown v. Board of Education, 347 U.S. 483 (1954) to better understand public law as it relates to an administrative agency.
In Brown v. Board of Education, Linda Brown, the plaintiff (brought about by her father, Oliver), contended that his daughter was not being protected under the Constitution. Since Brown was suing the Board of Education, this falls under constitutional law, but an administrative agency was sued for the violation.
Linda had to walk several blocks to the school bus stop even though a closer ''whites-only'' school existed within a few blocks from her home. Brown's parents believed that Linda's 14th Amendment rights were violated when she was banned from a white school closer to home because of her race.
The case was won because the U.S. Supreme Court declared segregation a violation of Brown's constitutional rights. This falls under public law because issues of segregation and discrimination affect society as a whole, not just this particular child.
Private law is different. Private law helps citizens resolve issues between themselves.
Private Law Explained
Private law affects the rights and obligations of individuals, families, businesses, and small groups and exists to assist citizens in disputes that involve private matters. Its scope is more specific than public law and covers:
- Contract law - governs the rights and obligations of those entering into contracts
- Tort law - rights, obligations, and remedies provided to someone who has been wronged by another individual
- Property law - governs forms of property ownership, transfer, and tenant issues
- Succession law - governs the transfer of an estate between parties
- Family law - governs family-related and domestic-related issues
In the case of Carvajal v. Hillstone Restaurant Group, Inc. (No. 10-57757), Carvajal ordered and consumed a grilled artichoke at a local Houston restaurant. It was his first time consuming this vegetable. Unaware of the proper way to scrape the flesh against one's teeth, he chewed and swallowed the entire artichoke including all the leaves.
Hours later, he experienced severe gastrointestinal pain and required emergency medical attention. He sought compensation from Hillstone Restaurant Group, Inc. in the amount of $15,000 for his pain and suffering.
Carvajal contended that he was not instructed by the server on how to eat an artichoke. Therefore, the restaurant was negligent in serving a dish that was potentially dangerous to a novice diner.
This is an example of tort law, or laws that deal with the wrongdoings between private citizens that usually end in monetary settlement but never jail time.
The tort here involved Carvajal suing the restaurant for a wrong he felt was levied against him by serving him a dish that he did not know how to eat. He wanted compensation for the agony he suffered.
Lesson Summary
The main difference between public and private law is in the parties that each affects.
Public law affects society as a whole and includes administrative law, constitutional law, criminal law, municipal law, and international law. In the landmark case of Brown v. Board of Education, it clearly demonstrates the way public law works. In Brown v. Board of Education, a small child's rights were violated by an administrative agency. The family brought suit upon the agency and won.
Private law, on the other hand, affects individuals, families, businesses, and small groups. Its scope is not as wide as public law and includes contract law, tort law, property law, succession law, and family law. In Carvajal v. Hillstone Restaurant Group, Inc., we learned that the plaintiff, Carvajal, was harmed as a result of eating a whole artichoke. He claims the server did not inform or instruct him on the proper way to consume the vegetable. Carvajal became ill as a result and sought compensation for his pain and suffering as a matter of tort law.
The main difference between public and private law boils down to whether the issue affects all of society or just a few people.
Lesson Outcome
After you have seen the video lesson, you should be able to:
- Recognize the differences between public and private law
- List different types of laws and determine whether they fall under public or private law
- Provide examples of public and private law cases
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Public vs. Private Law | Definition, Differences & Examples
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