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Law Reflection Essay

989 words - 4 pages

Team C Weekly Reflection, Week 2
Joyce Canning, Michele Mansfield, Nick Odom, Craig Anderson
LAW421
October 2, 2012
Ann Nevers

Team C Weekly Reflection, Week 2

Substantive Law
Substantive Law is the area of law that defines the rights and responsibilities of individuals within a society. The substantive law also defines what is considered a crime and if someone were to break the law then the substantive law would describe the proper punishments to be enforced for breaking that law and provide some boundaries that can help a jury with sentencing. Substantive law is very common and is the type of laws that one would hear about on the evening news. For example the law of committing ...view middle of the document...

The usual penalty for criminal behavior is a monetary fine or time behind bars. Murder is an example of a criminal offense. A murder conviction usually results in jail time. Criminal laws are a product of statutes developed and passed by a legislative body. There are Federal and state laws designed to punish criminal conduct.
Civil Law
Civil laws are intended to provide a means for an individual or a business to receive monetary compensation from another individual or business whose conduct has caused a loss, money or property for example. The main difference between criminal law and civil law is the penalty. Civil judgments usually result in one person paying money to another person to pay for whatever loss resulted from the misconduct. A criminal offense and a civil judgment can result from the same misconduct. For example if a person murders someone, yet the evidence does not prove guilt beyond a reasonable doubt, a not guilty verdict can result. The same murder can result in a civil judgment against the murderer because guilt must only be proven by a preponderance of the evidence (Melvin, p. 726, 2011).
Common Law
Common law differs from statutory law in that common law is not passed by a legislature, nor is it necessarily written law. Common law is also inferior to statutory law. Common law is created by the courts and is based on the rules and stipulations of previous cases that resemble it. Applying laws from similar cases has a legal term is known as “precedent”. Common law is said to have origins in England, and are laws brought by settlers when they came to America. An example of common law is common law marriage, differing in states, yet the same in that the couple has cohabitated for a certain period of time and there is no marriage license.
Statutory Law
Statutory laws are laws, acts, and decrees that have been established or created by a legislator and approved by the executive branch of government. Statutory law is written law that has been coded...

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