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Public Law vs. Private Law: Definitions and Differences

Public law relates to something that affects society and private law relates to problems between two or more people. Explore the definitions and differences between public and private law and examples of cases.

Updated: 06/04/2022

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0:39 Public Law

2:24 Private Law

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Public Law vs. Private Law: Definitions and Differences

Ch 4.
American Legal Systems
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Contracts: Statute of Frauds

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Contracts: Scopes and Meanings

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Contracts: Scopes and Meanings

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Contracts: Breach of Contract

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Contracts: Breach of Contract

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Contracts: Discharge of Contracts

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Product Liability and Consumer Protection

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Types of Business Organizations

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Kat has a Master of Science in Organizational Leadership and Management and teaches Business courses.
If you saw a man run from a convenience store with a few pilfered products under his arm, he is violating public law. He committed the crime of theft, and that affects everyone.
On the other hand, if your neighbor filed suit against you because your barbeque smoke traveled to his yard, you may be violating private law. You infringed on your neighbor's right to peaceful enjoyment of his property.
Essentially, the difference between public law and private law is whether the act or acts affect society as a whole or is an issue between two or more people.
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To simplify things, 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:
Let's use Brown v. Board of Education, 347 U.S. 483 (1954) to better understand public law as it relates to an administrative agency.
In Brown v. Board of Education, Linda Brown, the plaintiff (brought about by her father, Oliver), contended that his daughter was not being protected under the Constitution. Since Brown was suing the Board of Education, this falls under constitutional law, but an administrative agency was sued for the violation.
Linda had to walk several blocks to the school bus stop even though a closer whites-only school existed within a few blocks from her home. Brown's parents believed that Linda's 14th Amendment rights were violated when she was banned from a white school closer to home because of her race.
The case was won because the U.S. Supreme Court declared segregation a violation of Brown's constitutional rights. This falls under public law because issues of segregation and discrimination affect society as a whole, not just this particular child.
Private law is different. Private law helps citizens resolve issues between themselves.
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:
In the case of Carvajal v. Hillstone Restaurant Group, Inc. (No. 10-57757), Carvajal ordered and consumed a grilled artichoke at a lo
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