The Difference Between Private and Public Law Systems in the O.J. Simpson Trial

735 WordsFeb 26, 20183 Pages
The article from Financial Times “The many trials of OJ Simpson” draws our attention to some important questions, including the following: how can someone be acquitted in criminal court and later found liable for the tort of wrongful death? What are the key differences between private and public law systems? Let us start by answering the question about the differences between public and private law. There are several critical distinctions between public law and private law. The main one is that public law protects society as a whole and private law governs interactions between individuals or groups. Furthermore, public law is typically determined and enforced by government agencies, whereas the government typically removes itself from the enforcement of private law. In public law the state acts with state authority. Consequently, the public law relationship between the state and its subjects is an unequal, vertical one. A state may be a party under the private law, but in this case it does not act with the state authority, it is in the same position as any other subject under this system of law. Most litigations in the USA involve private law disputes and therefore this branch of law is much more profitable for representatives of the legal profession. Although these are some of the most significant differences, we should not draw too distinct a line between public and private law. The branches sometimes overlap , such as when an assault is both a criminal offence involving

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