Summary week 2 law 421

IntroductionThere are six different types of law, which are: substantive, procedural, criminal, civil, common and statutory. In all cases certain US Constitution amendments must be applied in order to protect the rights of the business or organization. Discussion

Criminal law is the portion of the law that deals with legal punishments of criminal defences. Whereas, civil law deals with disputes between individuals, organizations in which compensation is awarded to the victim. Criminal law cases are dealt with by governmental court rooms and civil law cases are filed by private parties. The two laws are very different in how a decision is made and the type of proof needed to determine who wins the case or if the person is found guilty. A person is innocent until proven guilty.

In criminal law a person must be proven guilty beyond a reasonable doubt whereas in civil law there must be substantive evidence beyond the balance of probabilities. The person making the claim must provide proof of the incident in which they are requesting compensation for. This leads to how punishment is given if a person or company is found guilty in the two cases. In criminal law, the guilty does not have it so easy. They are sentences to tasks such as community service and fines, imprisonment, and possibly the death penalty.

Civil cases, on the other hand, do not have such harsh punishments. They guilty is faces with compensation, usually in the form of financial payback, in the amount that the judge feels appropriate. Examples of criminal law are; assault, theft, trafficking a controlled substance, and murder. Examples of civil law are; property disputes, personal injury cases, child custody proceedings, divorce proceedings, and landlord vs. tenant disputes.

Common law is the set of laws made by the courts. It has not necessarily been passed by the legislature but the law has instead been based upon the outcome of previous cases with similar situations. Statutory law is the set of laws created by the legislature and approved by the executive branch of government. There are different levels of government approving certaintypes of laws. The U.S. Congress will approve or deny federal laws. The individual state legislatures will approve or deny the laws for their own individual states.

Substantive law is the basis for individual rights and responsibilities. Procedural law defines the method by which individuals can pursue substantive rights. Substantive law gives grounds to what is right and wrong and prescribes what may be in breach of the law, but also protects individual rights. Procedural law is the way the system works. If someone’s rights are violated and legal action is desired then the need for a common process is filled by procedural law. The process is uniformly maintained through procedural law while substantive law maintains the uniform conduct of citizens under the law. (Melvin, 2011) Substantive law could be applied to murder and the classification of what degree would be applied based on the substance of the case i.e. intent, history, and circumstance. Procedural law would then lay the steps out for trying that type of murder. Murder has no statute of limitations on timeframe and could be applied to a murder case decades old, whereas assault might be subject to different procedural law.