Substantive Law Substantive law is a written law designed to define the rights and responsibilities of individuals in civil cases (Business dictionary, 2012). Substantive law deals with the “substance” of charges brought against an individual. For example, imagine that you bring a case to court based upon injuries you sustained from a car accident. You are suing the driver who was intoxicated when the accident happened. The Judge, in adherence to common law, must decide whether the party is liable for your damages from the accident.
He will rely upon the arguments and statements made during the case, as well as use prior decisions whenever necessary to interpret any legal matters that come up (Criminal Law Free Advice, 2012). Common Law Common law is a type of law that is established by particular cases, as compared to law that uses statutes as its guide. If a statute, or a formal written law, is followed in a case, a Judge will make his or her decision based on an interpretation of that statute (The Gale Group, 2008).
Generally, common law courts today base their decisions on ROR Judicial Judgment instead of legislative execution. Furthermore, whatever the issue is, common law allows both parties to present their cases before a neutral party, either a Judge or a Jury. The Judge then makes a final decision that benefits one party or the other. Civil Law Civil law deals with disputes between private parties, or negligent acts that cause harm to others. For example, if individuals or companies disagree over the terms of an agreement, they may file a lawsuit asking the courts to decide who is right.
Family law cases involving divorce, parental responsibility for children, spousal support, child support and division of property between spouses or common law couples represent a large portion of the civil law cases presented to the courts. Procedural Law Procedural law is the rules that must be followed when dealing with civil and criminal cases. For instance, reading the Miranda rights to someone when they are arrested would be a procedural law. It is protecting the accused person’s rights by enforcing how things are handled.
Another example would be how the appeals process would work for someone who has been convicted of a crime. The law gives then certain rights where they can petition for another trial based on new evidence. While procedural law may seem like it does not serve a purpose other types of law could easily be abused if procedures were not in place to ensure everyone is treated equally within the court systems. Statutory Law Statute or Statutory laws are created through legislature. They are created by congress not executive order or common law.
Statutory laws would be like federal laws taxing cigarettes, laws that would outline privacy standards for medical records like HIPPO. I think ratifications to the constitution would also fall under statutory law. Within local governments, these laws are called ordinances. Criminal Law Criminal law has many differences from other laws. Some of those differences are the requirement of a higher level of proof, probable cause to obtain a search warrant for a citizen’s home and personal effects; regulate businesses operations and raciest, and the principals of legality and punishment.
Criminal law has amendments through the United States Constitutions that can be implemented in criminal cases. These amendments are to protect the individual’s or business right for due process. A great example of this is white collar crime. An example if this is if John apply for a loan to start a new business, he may be required to show his tax returns. If he takes falsified tax returns to show to the loan officer, and he is approved for the loan, he has committed fraud and this is a felony.
Conclusion Though there are many different types of law, each and every one is needed and new laws are created to address even more issues that plague our society. All laws have the same specific purpose; to provide some form of order. They are to define crimes and give us resolutions for punishment of crimes that are committed. A society without laws that implement rules and gives instruction on what is and is not acceptable is doomed. But one that observes and abides in the many different laws ill continue to exist.