Types of Law

1. Substantive Law and Procedural Law

Substantive Law: Substantive law is the set of laws that governs how members of
a society are to behave. It is contrasted with procedural law, which is the set of
procedures for making, administering, and enforcing substantive law.
Substantive law defines rights and responsibilities in civil law, and crimes and
punishments in criminal law. It may be codified in statutes or exist through
precedent in common law.
Substantive Law defines, in regard to specific subject, the legal rights and
relationship of people among themselves or their relation with to others or
between them and the state.
Substantive Law thus, deals with the "substance" in Law. It consists of written
statutory laws passed by the legislature that govern how people behave or are to
behave, and it also includes precedents set by the court of law whereby statutes
are interpreted or decisions are provided when written laws do not exist (equity).
These laws define civil conducts as well as crimes and set forth punishment
including fines and imprisonment. They also define our rights and responsibilities
as citizens.
Procedural Law: Procedural Law, is the law which tells about how courts and the
officers dealing with the law (like Officers in various Government bodies including
the Police) act in giving effects to the substantive law. Procedural law, adjective law,
in some jurisdictions referred to as remedial law, or rules of court comprises the
rules by which a court hears and determines what happens in civil, criminal lawsuit
or administrative proceedings.
So, Procedural Law determines how cases are filed, how they progress and how
decisions are made by the court including recording such decisions and filing for
appeals. Procedural Law also determines how an administrative body functions and
how applications are to be made for doing administrative works.
Salmond, defines Procedure law as the law of actions. Such action/s also include
legal proceedings.
Procedural law prescribes the means of enforcing rights or providing redress of
wrongs and comprises rules about jurisdiction, pleading and practice, evidence,
appeal, execution of judgments, representation of counsel, costs, and other
matters. Procedural law is commonly contrasted with substantive law, which
constitutes the great body of law and defines and regulates legal rights and duties.
Thus, whereas substantive law would describe how two people might enter into a
contract, procedural law would explain how someone alleging a breach of contract
might seek the courts’ help in enforcing the agreement.
Difference Between Substantive Law and Procedural Law:

Substantive Law Procedural Law

It is known as law of right and duties. It is known as remedial law.
It is the end of law. It is the means of law.
Substantive law explains all the law except Substantive law explains all the law except
procedural law. procedural law.

Substantive law contains rights and remedies of Procedural law contains modes, conditions to
aggrieved (victim) party. restore rights.

It is ideal in nature. It is behavioral in nature.

It explores the rights and duties of people It is method by which one may obtain remedy in
determined by the state. the court.
It is theoretical law. It is practical law.
For example, 20 years jail penalty is defined in The process to impose 20 years jail is procedural
the Nepalese law in case of killing someone. law.
2. Civil Law and Criminal Law:
Civil Law: Civil laws deal with the private rights of individuals. Civil laws are applied when an
individual has had his or her rights violated or when individuals have disputes with other
individuals or organizations. Some matters of civil law are handled outside a court of law, such as
through an Alternative Dispute Settling Mechanism. Alternatively, lawsuits may be resolved
through a non-criminal trial.
Four of the most important types of civil law deal with 1) contracts, 2) property, 3) family
relations, and 4) civil wrongs causing physical injury or injury to property (tort)
In Nepal Civil and Criminal Cases are tried through the same court. However High Court Patan has
a separate Commercial Bench to hear commercial cases.
Civil law deals with the disputes between individuals, organizations, or between the two, in which
compensation is awarded to the victim. Criminal law is the body of law that deals with crime and
the legal punishment of criminal offenses.
Civil litigation usually involves some type of compensation for injuries or damages as well as
disposition of property and other disputes. In Criminal Litigation a guilty defendant is punished by
incarceration and/or fines)
In civil law, a case commences when a complaint is filed by a party, which may be an individual, an
organization, a company or a corporation, against another party. The party complaining is called
the plaintiff and the party responding is called the defendant and the process is called civil
litigation. In civil litigation, the plaintiff asks the court to order the defendant to remedy a wrong,
often in the form of monetary compensation to the plaintiff.
Criminal Law:
Criminal laws at the local, state and federal level define criminal activities and
establish legal punishments for those convicted of crimes like arson, assault and
theft, etc. Criminal law cases are only conducted through the criminal court system.
However, Nepal does not have a separate Criminal Court for hearing a criminal
case. In recent times (2074) the previous Muluki Ain was differentiated or dissected
between two separate Civil and Criminal Code and has shown that in future there
lies a probability of separate Civil and Criminal Court systems in Nepal.
In criminal law, the case is filed by the government, usually referred to as the State
and represented by a prosecutor/Government Attorney, against a defendant. An
individual can never file criminal charges against another person: an individual may
report a crime, but only the government can file criminal charges in court.
However, certain petty criminal activities are Individual Party criminal cases.
Criminal cases are thus divided into two major types:
a. State Party Criminal Case.
b. Individual Party Criminal Case.
 Civil Law Criminal Law

"Preponderance of evidence" Burden of proof is initially on the "Beyond a reasonable doubt": Burden of proof is always on
Burden of proof:
plaintiff and then switches to the defendants. the state/government.

Civil law deals with the disputes between individuals, Criminal law (also known as penal law) is the body of
Definition: organizations, or between the two, in which compensation is statutory and common law that deals with crime and the
awarded to the victim. legal punishment of criminal offenses.

A guilty defendant is punished by either incarceration in a

A defendant in civil litigation is never incarcerated and never
jail or fine paid to the government, or, in exceptional cases,
Type of executed. Losing defendant in civil litigation only reimburses the
the death penalty. Crimes are divided into two broad
punishment: plaintiff for losses caused by the defendant’s behaviour. Either
classes: Felonies and Misdemeanours. Defendant can be
party (plaintiff or defendant) can be found at fault.
found guilty or not.

Case filed: By private party. By government.

Theft (by deception or unlawful taking), assault, robbery,

Landlord/tenant disputes, divorce proceedings, child custody
Examples: wanton endangerment, trafficking in controlled substances,
proceedings, property disputes (real estate or material), etc.
alcohol intoxication, etc.

Only the defendant may appeal a court ruling in a criminal

Appeal: Either party may appeal a decision in a civil suit. case. The prosecution cannot appeal if the defendant is
found not guilty.
3. National and International Law:
National Law: National laws are created at the national or federal level by
sovereign nations. A sovereign nation rules its own lands, protects its borders, and
has a national government that creates laws and governs the people. National
laws have territorial limitation.
National law is only applicable inside a country. Since every country has their own
laws hence national law is different for different countries. National law includes
the orders and commands of the superior authority of the state and it is
administered by the sanction or fear of sanction of the physical force of the state.
By this virtue of national law, we can safely call it as an imperative (authoritative)
law.
National law may become international law when treaties permit national
jurisdiction to supranational tribunals such as the European Court of Human
Rights or the International Criminal Court. Treaties such as the Geneva
Conventions may require national law to conform to treaty provisions. National
laws or constitutions may also provide for the implementation or integration of
international legal obligations into domestic law.
International Law: International law, also known as public international law and law of nations, is the set of rules, norms,
and standards generally accepted in relations between nations. It establishes normative guidelines and a common
conceptual framework to guide states across a broad range of domains, including war, diplomacy, trade, and human rights.
International law aims at the practice of stable, consistent, and organized international relations.
International laws are created by treaties between or among sovereign nations. They operate in two ways: They can be
reciprocal between two or more nations, such as a treaty on extradition of criminals, or they can operate by creating an
international agency of governance, such as the United Nations (UN) or the European Union (EU).
The sources of international law include international custom (general state practice accepted as law), treaties, and
general principles of law recognized by most national legal systems. International law may also be reflected in
international comity, the practices and customs adopted by states to maintain good relations and mutual recognition, such
as saluting the flag of a foreign ship or enforcing a foreign legal judgment.
In Nepal, Section 9 of the Treaty Act 2047 provides that Treaty Provisions are enforceable as good as laws.
The sources of international law applied by the community of nations are listed under Article 38 of the Statute of the
International Court of Justice, which is considered authoritative in this regard:
1. International treaties and conventions (ICCPR, ICESR, UDHR, etc);
2. International custom as derived from the "general practice" of states (For example, Maritime Laws); and 3. General legal
principles "recognized by civilized nations". (For example Human Rights, Intellectual Property Protection between states.)
There are two types of International law, they are:
a. Private International Law
b. Public International Law
The term ‘private international law’ or ‘conflict of law’ means a collection of standards and rules applied to private parties
concerning trans boundary cases with at least one specific legal foreign dimension in it, while the term ‘public
international law’ is used when a case involves the regulation of diplomatic relations between various states and
international organizations.
4. Private and Public Law:
Private Law: Private law helps citizens resolve issues between themselves. Unlike
in Public Law, courts do not have to always interfere to resolve disputes, the
parties may choose to resolve their disputes outside the court through various
alternative mechanisms.
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 (For example
Partition).
• Family law - governs family-related and domestic-related issues.
Public Law: 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 Department of Industries, etc.
• Constitutional laws are laws that protect citizens' rights as afforded in the
Constitution and also defines and limits the power of the government.
• 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.
Public law governs relationship between the state with its subject and also the
relationship between individuals and the society.
The relationships public law governs are asymmetric and inequalized. Government
bodies (central or local) can make decisions about the rights of persons. However,
as a consequence of the rule-of-law doctrine, authorities may only act within the
law (secundum et intra legem). The government must obey the law. For example,
a citizen unhappy with a decision of an administrative authority can ask a court for
judicial review, or file for a writ.
Administrative Law:
As per Holland, Administrative Law provides for the manner of activities or the various organs of the
Sovereign Power as provided by the Constitution. In this sense Administration has been defined as ‘the
exercise of political powers within the limits of the Constitution as the total concrete and manifoldly
changing activity of the State in particular cases as the functions, or the activity, of the Sovereign Power’. It
may fairly be said to include the making and promulgation of laws; the action of the government in guiding
the State in its foreign relations; the administration of justice; the management of the property and business
transactions of the State; and the working in detail, by means of subordinates entrusted with a certain
amount of discretion, of the complex machinery by which the State provides at once for its own existence
and for the general welfare.
It deals, with the collection of the revenue, the collection of statistic, international trade, manufacturing,
pollution, taxation, and the like. This is sometimes seen as a sub-category of Civil Law and sometimes seen as
Public Law as it deals with regulation and public institutions. The Administrative Laws are enforced by the
executive branch of a Government rather than the judicial or legislative branches (if they are different in that
particular jurisdiction). According to Vago Steven, “Administrative Law is a body of thelaw created by
administrative agencies in the form of regulations, orders, and decisions.”
It lays down the rules governing the exercise of the constitutional authority which stands delegated by the
Constitution of the State to all the organs of government. It also governs the relations between the civil
servants and the public and lays down the relations between the civil servants and the State. In some States
like France, Administrative Law is administered by Administrative Courts and General Law is administered by
ordinary courts. However in countries like Nepal, India, Britain and the USA the same courts administer both
the General Law and Administrative Law.
Constitutional Law: The primary function of Constitutional Law is to ascertain the
political center of gravity of any given State postulating the supremacy of law in
the functioning of State. In Nepal, the Constitution makes Nepal: Sovereign,
Secular, Democratic, Republic with a Federal System with Parliamentary form of
Government in the Central and the States; and with an Independent Judiciary. It
also establishes the structure, procedures, powers and duties of the government
and spells out basic human rights which are fundamental in the governance of
Nation in the form of Fundamental Rights and Directive Principles and State
Policy.
Constitutional Law is a branch of Public Law. It determines the political
organization of the State and its powers, while also setting certain substantive
and procedural limitations on the exercise of governing power. Constitutional Law
consists of the application of fundamental principles of law based on the
document, as interpreted by the Supreme Court. In the words of Salmond,
“Constitutional Law is the body of those legal principles which determine the
Constitution of a State- i.e., the essential and fundamental portions of the State’s
organization.”
Federal, State and Local Law:
Federal Law: Federal Laws apply throughout the Country. These laws apply in
every state. In Nepal, this has been provisioned in Article 231(1) of the
Constitution of Nepal.
Federal Laws are superior to State/Provincial and/or Local Laws. These laws
are made by the Federal or central Legislature. FederalParliament gain
Legislative Power as per Article 109. Federal Powers are defined under
Schedule 5.
State Law: State laws are those laws that are made by the State Legislature.
State laws as per Article 231(2) of the Constitution can be made to be
applicable to the whole of, or as required, to any part of the territory of such
State.
State Assembly receives Legislative Powers as per Article 197.
Article 232(3) provides that If any such type of act as may seriously
undermine the sovereignty, territorial integrity, nationality or independence
of Nepal is carried out in any State, the President may, as required, warn
such State Council of Ministers, suspend or dissolve the State Council of
Ministers and the State Assembly for a period not exceeding six months.
Schedule 6 provides for the powers of State
Local Law: Local laws are those Laws made by the Local Level
authorities or a particular locality. These laws mostly involve District,
Municipal and ward administrations.
Local Laws are made by the Village Assembly or Municipal Assembly.
These Assemblies are provided Legislative Authority through Article
221, and Power to make Law through Article 226.
Since Local governments are administered by the Provincial/State
Government, the laws made in local level shall not be inconsistent with
the Provincial/State laws. Article 214, 220 define Local government as
rural municipalities, municipalities and district assemblies.
Schedule 8 provides for Local Level Power
Other Types of Law:
a) Commercial, Business, Corporate or Mercantile Law: Corporate law involves
the formation, dissolution, and all other legal aspects of the administration of
corporations, trade and transactions. Typical duties of corporate lawyers
include mergers, acquisitions, internal reorganization, or disputes between
corporations and individuals concerning liability, patents, and compliance with
state and federal law, as well as international accords. A legal professional
whose sole client is a corporation is generally known as in-house counsel.
b) Law of Torts: Tort law is the area of the law that covers most civil suits.
Generally, every claim that arises in civil court, with the exception of
contractual disputes, falls under tort law. The concept of this area of law is to
redress a wrong done to a person and provide relief from the wrongful acts of
others, usually by awarding monetary damages as compensation. The original
intent of tort is to provide full compensation for proved harms. Tort law is
relatively new to Nepal and was recently introduced in the Civil Code of 2074.
c) Contract Law: Contract law is the body of law that relates to making and
enforcing agreements. A contract is an agreement that a party can turn to a
court to enforce. Contract law is the area of law that governs making
contracts, carrying them out and fashioning a fair remedy when there’s a
breach.
Anyone who conducts business uses contract law. Both companies and
consumers use contracts when they buy and sell goods, when they license
products or activities, for employment agreements, for insurance
agreements and more. Contracts make these transactions happen smoothly
and without any misunderstandings. They allow parties to conduct their
affairs confidently. Contracts help make sure that the parties to a transaction
are clear on its terms.
d) Environment Law: Environmental law concerns a multitude of statutes,
treaties, regulations, and conventions based in state, federal, or
transnational law. Legal professionals practicing in this field may represent
government agencies, advocacy organizations, or individuals. Environmental
lawyers often focus on cases involving natural resource management, the
curbing of pollution, or disputes about land and littoral use. Public health
components are increasingly common in the practice of environmental law.
e) Family Law: Family law focuses on legal relations between individuals in the
context of the family. Lawyers in this field typically specialize in a variety of
areas ranging from marriage, child welfare, through adoption, Partition to
divorce. Child abuse, legitimacy, partnerships, and marriages are among the
main aspects of family lawyers' practice.
f) Cyber Law: Cyber law, also known as cyber-crime law, is legislation focused
on the acceptable behavioral use of technology including computer hardware
and software, the internet, and networks. Cyber law helps protect users from
harm by enabling the investigation and prosecution of online criminal activity.
Areas of cyber law are computer crime law, data protection law, intellectual
property law, digital signature law and telecommunication law.
g) Admiralty (Maritime) Law: Admiralty law regulates economic transactions
and property disputes involving marine trade, sailors, navigation, or land-
based activity that is maritime in nature. Admiralty Law is not, however,
synonymous with the Law of the Sea, which is in the realm of international
public law and deals with rights to navigation, minerals, or coastal waters
jurisdiction.
h) Bankruptcy Law: Bankruptcy law applies to the insolvency problems of
individuals as well as organizations. This type of law issues directly from the
Constitution and is in the domain of Federal law. The Insolvency Act, 2063 is
entertained to define proceedings of Bankruptcy.
i) Intellectual Property Law: Intellectual Property law focuses on protecting
the rights of inventors, authors, and businesses to their tangible and
intangible creations, inventions and symbols. Legal professionals in this field
are often experts in a particular domain, such as science, the arts, or an
industry. For example, trademark or copyright attorneys manage the legal
aspects of contracts, visual identity, brand names, or slogans. Technological
advances, notably in digital reproduction and transmission, make this a
dynamic field of law.
j) Labor Law: Labor law is concerned with the relations between workers and
their employers on matters ranging from wages and compensation, through
harassment, to discrimination based on gender, disability, or age. Labor law
often involves collective bargaining and unions. Attorneys in this field may
represent individual clients, a union, a government regulatory agency, or an
employer.