What is the difference between public law and private law?
The distinction between public law and private law concerns who the law directly governs or affects.
It also concerns who is primarily charged with enforcing the law.
What is Public Law?
Public law consists of laws aimed at regulating the function of society. The main areas of public law are constitutional law, administrative law, and criminal law.
- Constitutional law – Centers on the determination of whether government action (either federal or state) somehow interferes with the rights granted to individuals under the Constitution.
- Administrative law – Concerns the laws and procedures developed by administrative agencies to regulate a particular subject matter.
- Criminal law – Concerns the rules prohibiting bad acts that the state directly enforces against individuals.
What is Private Law?
Private law concerns the legal relationships between individuals. The main areas of private law are property law, contract law, and tort law.
- Property law – Centers on the ownership rights of individuals with regard to tangible or intangible assets.
- Contract law – Regards the ability of individuals to form and enforce agreements.
- Tort law – Tort law protects the rights of individuals against infringement by other individuals