The Basis of Law

The basic of law can be summarized in two words: human conflict. People dispute and argue over money and theft and property damage. Law is a body of rules enacted by public officials in a legitimate manner and backed by the force of the state. The first element (body of rules) is self evident, the hidden part is these rules are found in a myriad of different places. The second element (law is enacted by a public official) is critical. all places have rules but they are not laws unless they are recognized by public officials. The third element (law is enacted in a legitimate manner)means that the laws must be agreed upon ahead of time on how it might be changed or create new.

The final element (law is backed by the force of state) though it is not always necessary to apply legal sanctions because the threat is enough to stop people, they do have the ability to apply legal sanctions if it becomes necessary. Law avoids in its description of providing justice. Precedent…

Precedent often referred to as stare decisis means let the decision stand.. Multiple sources of law… A constitution is the first document that establishes the underlying principals and general laws as a nation or state. The U.S constitution is the fundamental law of the land. All other laws- federal state and local are secondary.

Laws enacted by federal and state legislature are usually referred to as statutory law and is on the secondary rung of laws. These laws are also commonly referred to as municipal ordinances. Administrative regulations are our third rung of laws, which consist of laws that are created by agencies, boards, bureaus, commissions, and departments. Administrative law is the fastest growing and most misunderstood source of laws.

Appellate court decisions also remain an important source of law. Also case law is another vital thing in determining other sources of law as well. They can either expand or contract a law and its meaning. The adversary system….

Law is both substantive and procedural. Substantive law creates legal obligations. Tort, contract, and domestic relations are examples of substantive civil law. Procedural law establishes the methods of enforcing these legal obligations. Trials are the best known, but do not exist alone. An important aspect centers on the role lawyers and judges play in the legal process.

The adversary system, the burden is on the prosecution to prove the defendant guilty beyond a reasonable doubt and the defense attorney is responsible for arguing the defendants innocence. The judge is to be a neutral arbitrator who stands above the fight as a disinterested party, ensuring that each side battles within the established rules. Presumptions and Inferences…

A presumption is a conclusion or deduction that the law requires the trier-of-fact to make in the absence of evidence to the contrary. Inferences are permissive; they are conclusions or deductions of the trier-of-fact may reasonably make based on the facts that have been established by evidence. Presumption of sanity requires that all defendants be presumed sane unless sufficient evidence of their insanity is proven.

Presumption of innocence requires the trier-of-fact to accept the defendant is innocent unless proven guilty beyond a reasonable doubt. Burdens of Proof Burden of production he or she must produce evidence to put facts in issue. Burden of persuasion aka burden of proof is the obligation of a party to prove a fact to a certain level, either by a reasonable doubt, by preponderance of evidence or by clear and convincing evidence. When the defendant bears the burden of persuasion to prove a defense, its called an affirmative defense.