Introduction
Law is a dynamic force for maintaining social order and preventing chaos in society. It is difficult to imagine the existence of a community without law. Lawmakers, courts, and other officials of the law help to preserve a harmonious society. A basic understanding of the law and the legal process of one's community promotes a better understanding of society. Law embodies the story of a nation's development through the centuries. From primitive customs, codes, and practices, the law of a nation evolves, becoming a sophisticated system administered by highly trained jurists. That which makes up our present day law should not be taken for granted. It represents years of struggle and thought.
Law is not merely a body of static rules
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It is the positive law of duties and rights. It refers to the meaning of life, liberty, and property, applies mainly to criminal law, that is, to the definition of crimes and punishments. Substantive law determines the rights and duties of a person and it deals with the structure and facts of the case. The law has independent power and capacity to decide the fate of the case. In any way it cannot be applied in non-legal contexts. We could say that how should a murder explained in the form of example. Depending upon the circumstances and whether the murderer had the intent to commit the crime, the same act of homicide can fall under different levels of punishment. In a nutshell, substantive law deals with the substance of the case, how the charges are to be handled and how the facts are to be dealt with.
General examples include the laws regarding torts (laws against any wrong doing for which an action for damages be brought), contracts, and real property. A specific example of a substantive law is a law prohibiting trespassing on another’s property.
Substantive law, which refers to the actual claims and defences whose validity is tested through the procedures of procedural law, is different from procedural law. Substantive law is the statutory or written law that defines rights and duties, such as crimes and punishments (in the criminal law), civil rights and responsibilities in civil law.
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A specific example of a civil law is a law providing that all contracts for the sale of real property must be in writing. It deals with the duties between private parties; and any violation of it is a wrong between the parties, not a wrong against the whole community. Civil law deals with the resolution of disputes between individuals or organizations. These resolutions seek to provide a legal remedy to the wining litigant. Civil law is the legal system that used in most countries around the world in order to protect and promote peace and
A world without laws would take us back to the stone age meaning without them we would be lost. The definition of criminal law is a system of law concerned with the punishment of those who commit crimes. Having a sense of morality is a necessity when concerning law and also the main purpose of law. Laws let us know what is right and wrong and minimizes mischief to individuals in society. Lippman (2013) revealed The New York criminal code that sets out the basic purposes of criminal which are: • Harm.
The divisions of a standard national system include courts of individual jurisdictions, trial courts, appellate courts, and the Supreme Court. What is civil litigation? Civil litigation is a dispute between two parties seeking money compensations. What are the most common discovery techniques?
Unit 1-1: Why We Need Laws (Konstantin Degtyarev) Law are rules for everyone to follow, laws are intended to establish freedoms, responsibilities, democratic principles and respect towards others and the public equipment. A public law is between an individual or a group of individuals and the society; whereas private law is between an individual/s and other individual/s. A public law helps establish rules between people and their community, whilst private law establishes rules between people, hence the name private.
Laws are for the good of people for not doing a crime and getting punishment for doing a crime. One of the main laws was the feudal law. It was an agreement with a lord and his vassals. A vassal had to do military and political service while a lord had to give the vassal a grant of land. The decline of feudalism happened when vassals would team up with other vassals and override the power of the king.
One example of these laws was the Statutes at Large
In a democracy, the rule of law defends the rights of citizens, upholds order, and bounds the power of government. All people are equal under the law. The rule of law. Martin Krygier, Professor of Law at the University of New South Wales, argues that there are four essential principles underlying the rule of law. They are universality of the scope of the law, clarity for all citizens, supportive and culturally appropriate institutions and an appropriate legal culture.
Even Cesare Beccaria argues the idea that laws preserve society, and rightfully so, because we need laws to help society improve, flourish, and set what is right and
The relationship between the law and society affects everyone and everything. How the law is written and how it is acted upon in society are two different things. It is imperative, therefore, that we as citizens pay attention to and understand the importance of the relationship between the law and society as it affects both our own lives and the lives of those around us. We engage in and witness the power of the law and society everyday. The law is personal, however, the law is also discretionary depending on where you look.
1. Define and describe ex post facto laws. An “ex post facto law is one that alters the laws regarding a particular act in such a way as to be detrimental to the substantial rights of an accused person” (Chamelin & Thomas, 2012, p. 15). These laws can happen in three ways: the timing and posting of new or changed laws, increasing punishments after a criminal act, and the decreasing of a state’s burden of proof. The first occurrence of an ex post facto is when a person commits an act before it is passed by legislation as a crime.
The laws stand as a basic understanding of right from wrong and allowed civilizations to keep the most peace among their people as they
The law is an intriguing concept, evolving from society’s originalities and moral perspectives. By participating in the legal system, we may endeavour to formulate a link between our own unique beliefs and the world in which we live. Evidently, a just sense of legality is a potent prerequisite for change, enabling society to continue its quest for universal equality and justice. Aristotle once stated that "even when laws have been written down, they ought not to remain unaltered".
1. Explain why it might be difficult to effectively study law following the positive transition. What are the advantages and disadvantages of a humanistic approach to the study of law? Studying law is relatively difficult as the degree holds much of the responsibilities to sort out the issue concerned with the society (ANU, 2014).
The criminal justice system is that subsystem of the national legal system which determines the circumstances in which and the procedure according to which individuals may be punished by the state for conduct that is defined as a crime. For the sake of convenience, a distinction is normally drawn between the substantive aspects of the criminal justice system and its procedural aspects. The study of criminal law generally focuses on substantive law; namely, the principles of law according to which criminal liability (guilt) is determined, whilst the law of criminal procedure, together with the law of evidence, focuses on the manner in which this is done, together with the way in which offenders and suspected offenders are to be treated by the
DEFINITION OF LAW: Law is outlined as the principles and regulations set by the governing authority, and have binding legal forces. It must be endorsed and obeyed by the citizens, subject to penalties or legal consequences. It depicts the will of the supreme power of the state. The basic purpose of law is to regulate the society, to safeguard and shield the rights of people and to resolve conflicts. It acts as barrier is preventing people from behaving in a negative manner that affects the rights and quality of life other people, hence violation of law implies the punishment of lawbreakers Dysfunction of Law: Dysfunction of law means failed to abide by the law.
Law is present in our daily life and in everything we do. We cannot think a second without law. Whatever we can see around us everything is connected with the law. Sometimes we can see it and sometimes we cannot see but feel it. Law is not just a thing to obey for yourself but making a peaceful society.