Bifalgorithm post · Property · Application ..................................................................................

Legal Systems

Legal Systems (Property · Application ..................................................................................) — "Contracts, Torts, and Criminal Law…

Ideas in this flowchart

  • Contracts, Torts, and Criminal Law are substantive fields of the law.
  • These fields are basic categories of causes of action.
  • They differ according to which institution controls lawmaking and prosecution.
  • Contract Law consists of laws created by private entities and enforced through private lawsuits, often through bilateral agreement.
  • Tort Law consists of laws created by public entities and enforced through private lawsuits.
  • Criminal Law consists of laws created by public entities and enforced through public lawsuits or prosecutions.
  • The classification depends on whether lawmaking and prosecution are private or public.
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Legal Systems

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Property

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"Contracts, Torts, and Criminal Law are substantive fields of the law. By that, I mean that they are basic categories of causes of action. They differ in the identity of the institution that controls lawmaking and prosecution. Contract Law is the set of laws that are created by private entities (often, but not always, through bilateral agreement) and enforced by private lawsuits. Tort Law is the set of laws that are created by public entities (usually courts creating common law or legislatures) and enforced by private lawsuits. Criminal Law is the set of laws that are created by public entities and enforced by public lawsuits (or prosecutions). To summarize: Privately made and privately prosecuted laws are Contracts; publicly made and privately prosecuted laws are Torts; and publicly made and publicly prosecuted laws are Criminal Law."

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