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C. SUBSANTIVE AND PROCEDURAL LAW, D.MUNICIPAL LAW AND PUBLIC INTERNATIONAL…
C. SUBSANTIVE AND PROCEDURAL LAW
PROCEDURAL LAW
The law which lays down the rules governing the manner in which a right is enforced under civil law or a crime prosecuted under the criminal law .
Thus a legal action is started by taking out a writ in civil cases , by a summon or an arrest in criminal cases, and by the trial judgment in the court itself followed by the execution of the judgment
SUBSTANTIVE LAW
The law which determines whether the wrongdoing is civil or criminal.
Civil law differs from criminal law in that it applies to interactions between citizens. Rather than dealing with crime, civil law deals with tort, or actions that aren't necessarily illegal but can be proven to be damaging in some way.
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
The substantive rules impose liability on a party proved to be in breach of substantive rules and if this is a rule of criminal law a penalty may result or if this is a rule of civil law a remedy may be provided for the Plaintiff .
D.MUNICIPAL LAW AND PUBLIC INTERNATIONAL LAW
Public International Law
The body of rules of law which govern the relations of states inter se particularly war, trades, borderlines.
The International Court of Justice at Hague has been set up to hear cases of disputes between states or nations. E.g. dispute over Pulau Sipadan, between Malaysia and Indonesia, Pulau Batu Putih etc.
MUNICIPAL LAW
The law operative within a state i.e. The internal law of the state
Public Law
Private International Law
Private Law
A branch of municipal Law which deals with the law relating to conflict of law. It comprise the law which determines what state's law should be applied by national courts in cases involving foreign elements.
Suharto an Indonesian man make a contract in Japan with Mahathir, a Malaysian, for supply of motorbikes to Thailand
If Suharto now takes action against Mahathir in Indonesian court for alleged breach of contract, the court will have to apply by the rules of Private International Law which law to be applied are Indonesia, Malaysia, Japan or Thailand.