Caribbean Legal systems

Classifications of Law
There are three main ways by which the commonwealth Caribbean laws are
classified. These are:
1) By subject matter, for example, tort, contract and real property;
2) By function, for example, substantive, procedural, civil and criminal
law;
3) By concept, for example, private law and public law.

Law by subject matter

All laws of the land fall under a very specific area of law. These areas help us
to readily identify the relevant issue being made reference to. These specific
areas of law are classified as subject matter of law. Thus if one speaking
about appropriateness of sentencing, this would be issue under criminal law;
or if one is speaking about the adequacy of the fundamental rights, this
would fall under constitutional law; other example of subject area of law
include, tort, contract etc.

Classification of law by Function

Substantive vs Procedural law
Substantive law and procedural law work together to ensure that in a
criminal or civil case, the appropriate laws are applied and the proper
procedures are followed to bring a case to trial. In this lesson, we'll discuss
the differences between the two and how they relate to the legal system as a
whole.
Substantive Law Explained
Substantive law consists of written statutory rules passed by legislature
that govern how people behave. These rules, or laws, define crimes and set
forth punishment. They also define our rights and responsibilities as citizens.
There are elements of substantive law in both criminal and civil law.
For example, if you sue a neighbor for cutting down a tree and letting it land
on your house, that would be a civil case dealing with tort rather than a
criminal case dealing with crime.
Substantive law is used to determine whether a crime or tort has been
committed, define what charges may apply and decide whether the evidence
supports the charges. Let's say a person is caught drunk driving. Substantive
law says that it is a crime punishable by a term in prison.
The substance of charges, or elements of a crime or tort, must be
carefully evaluated to determine whether a crime or tort really exists. In
other words, specific facts need to be proven true in order to convict
somebody of a crime or a tort.
In the case of a person caught driving while intoxicated, a few things would
have to be proven:

The person was driving the vehicle

The person acted in ways that gave the police a reason to believe he or
she was intoxicated

The person was over the legal limit per a field sobriety and/or
Breathalyzer test

Once these things are proven, the person can be taken into custody. Next,
procedural law will determine the steps the case must take.

Procedural Law Explained

Procedural law governs the mechanics of how a legal case flows, including
steps to process a case. Procedural law adheres to due process. While
substantive law maps out the charges, procedural law is the process a case
will move through from arrest to conviction.

Differences in Structure and Content

In order to understand the differences between the structure and content
of substantive and procedural law, let's use an example. If a person is
accused and undergoing a trial, substantive law prescribes the punishment
that the under-trial will face if convicted. substantive law also defines the
types of crimes and the severity depending upon factors such as whether
the person is a repeat offender, whether it is a hate crime, whether it was
self-defense etc. It also defines the responsibilities and rights of the
accused.
Procedural law, on the other hand, provides the state with the machinery
to enforce the substantive laws on the people. Procedural law
comprises the rules by which a court hears and determines what happens
in civil or criminal proceedings. Procedural law deals with the method and

means by which substantive law is made and administered. In other words,

substantive law deals with the substance of the case, how the charges
are to be handled and how the facts are to be dealt with; while procedural
law will give a step by step action plan on how the case is
supposed to proceed in order to achieve the desired goals. Therefore its
procedural law that helps decide whether the case requires trial or
otherwise.

Our legal system is made up of both a criminal justice system and a civil
justice system. These two systems exist to deal with two different types of
laws (criminal law and civil law) that have very different consequences if
they are broken. As civil and criminal law have different purposes, different
systems for dealing with them have developed.
- CRIMINAL LAW 1.

Creates laws for the protection of the society as a whole and to

maintain law and

order
2.

Provides punishment for those who break the laws

3.

Sets out types of behaviour that are forbidden within a society

4.

Criminal cases must be proven beyond reasonable doubt

5.

Criminal cases are usually brought on behalf of the State

6.

At the end of a case, if the defendant is found guilty, he will be

punished by the State

- CIVIL LAW 1.

Settles disputes between individuals/companies/corporations

2.

Civil cases are brought to uphold the rights of individuals and to

provide redress
3.

A civil case is brought by an individual/company/corporation

4.

Civil cases only have to be proven on the balance

of

probabilities
5.

At the end of a case, the party at fault has to pay compensation

or comply with another suitable remedy, such as an injunction

Classification of law by Concept

Sometimes law is also classified into private law and public law.
PRIVATE LAW
1.

Private law applies to the relationship between individuals in

the legal system e.g. contract and labour laws. Private law concerns
the smooth running of a society and covers areas in everyday life such
as work, business dealings, employment, and education.
2.

Examples: law

of

tort,

contract

law,

law

of

succession,

employment law, property law, family law, labour law, commercial law,
etc.

PUBLIC LAW
1.

Public law applies to the relationship between individuals and the

government
e.g. constitutional law, administrative law and criminal law.

2.

There are 3 main types of law that fall into public law category:

constitutional law, administrative law and criminal law.

3.

Constitutional law - controls how the government operates;

resolves any disputes over constitutional matters, for example, who is

entitled to vote.
4.

Administrative law - controls how Ministers of State and public

bodies should operate and make decisions.

5.

Criminal law - Criminal law is part of public law because a crime

is regarded as an action against society and the state as a whole.

Importance of classifying law

Uniformity of research- it gives attorneys the ability to know exactly
where to conduct research that will contain solution to the specific
problems based on the subject matter.
Highlights a variety of options to clients and attorneys, as to the
subject matter of law under which redress nay be sought.
It clearly defines the relationship between two or more areas of
law (if any). For example the relationship between public law and
constitutional law. In the said relationship it could be said that
constitutional law is an aspect of public law, viz, public law is wider and
a more all-encompassing term referring to the relationship between
individuals and citizens and the state.