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Law Opinion Paper

1099 words - 5 pages

Law Opinion Paper
Introduction to Criminal Court System
Instructor: XXXXXXXX

Law Opinion Paper: The relationship between the common law and the legislature.
The American common law system had originally been mirrored from medieval England, when criminals and civil laws were decided by judges based according to biblical prophecies as well as where they presided from. Now laws are created, enforced and micromanaged by three legislative branches of government. The reasoning for each branch having specific responsibilities is so that no one branch is able to corrupt the “checks and balances” system that was based according to the principals written in The ...view middle of the document...

The second concept, Codification means a set of rules or principles or laws (especially written ones) as well as the earlier written codes by the Anglo-Saxons (600 A.D.) that recorded codes and pre-existing customs, are maintained by the government. The common law would be considered “uncodified” or “unwritten law” in any legal register but since it began as a fundamental foundation in the development of our legal system, it is considered one of the primary influences and factor in our legal system.
In simpler terms; Statute law refers to the laws that have been passed by the legislature and have been written down and 'codified' for use. Common law refers to the laws that are more or less "that's the way it has always been done." It mainly relies upon the body of history and prior cases to establish what the rules are, one of the reasons lawyers study or use citable past cases so much while arguing a case in court.

Sometimes there is legal information that was recorded back in ancient times, but not actually written into some statues or codes, but because it was a pre-existence custom, the legislative branch with order to enact it, the judiciary branch will closely analyze it to see if its effectiveness of the laws are in compliance of fairness and justice and then the executive branch will then enforce it.
My opinion: A Law that needs to be enacted
In 1990 a slogan, “Click it or Ticket it” was invented by the legislator for a new safety seatbelt law that was enacted for making sure drivers buckle their seat belts, as well as their passengers, while driving or flying. If they didn’t, they got ticketed a steep fine. I agree with that. But what I did not understand is why they do not apply that same law to regular buses, subway trains and school buses. I found my common law answer below.
In my research, I found that The National Highway Traffic Safety Administration argued that seat belts “were not the most effective way to protect passengers on school buses”. Instead the big yellow buses employ something called "compartmentalization." Do you remember the school buses from 30 years ago? Remember how those rigid green seats were wedged closer together than a can of sardines? That's compartmentalization.
Sitting in "strong, closely-spaced seats that have...

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