Originally‚ common law was customary law‚ folk law‚ based on precedent. There was of course statutory law -- the king’s law -- but common law guided how it was enforced and administered. No real common law exists today‚ having been entirely codified as statutory law throughout the English-speaking world. There remains‚ however‚ what are sometimes termed common law rights. Now and again‚ a new situation arises where there is no law to guide a judge‚ but where there really is something to adjudicate
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Substantive law is law that defines rights and duties‚ such as crimes and punishments‚ civil rights and responsibilities in civil law. An example of substantive law is the law of murder: intentionally killing another person. Substantive law basically answers the question: What is the law? Procedural law is the law governing the machinery of the courts and the ways by which both the state and the individual enforce their rights in the courts. Procedural law is more like when a person can be arrested
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and Rights Rule of Law- What is it? ( “Rule of Law”‚ The Gale Group) a.i) The rule of law is a system in which the following four universal principles are upheld: a.ii) The government and its officials and agents as well as individuals and private entities are accountable under the law. a.iii) The laws are clear‚ publicized‚ stable and just‚ are applied evenly‚ and protect fundamental rights‚ including the security of persons and property. a.iv) The process by which the laws are enacted‚ administered
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Nontraditional Litigation Systems Law/531 [ July 30‚ 2012 ] The traditional legal system of utilizes law as it is foundation for all decisions. Laws in the United States have four sources; constitutional‚ statutes and ordinance‚ common law and administrative. The features of these four are: * Constitutional Law is based on a formal document that defines broad powers. Federal constitutional law originates from the U.S. constitution. State constitutional law originates from the individual state
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Substantive law is the statutory or written law that defines rights and duties‚ such as crimes and punishments (in the criminal law)‚ civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process. Substantive law stands in contrast to procedural law‚ which is the "machinery" for enforcing those rights and duties. Procedural law comprises the rules by which a court hears and determines what happens in civil or criminal proceedings
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LAWS 1014 Criminal Procedure Exam Table of Contents Introduction to Criminal Procedure – Crime and Society 4 Crime 4 Criminal law 4 Sources of criminal law in Australia 4 Justice 4 Procedural law 5 Substantive law 5 General criminal procedure 5 Current trend towards criminal procedure 5 Crime and history 6 Crime and society 6 Problems with criminal procedure 7 Reforms to criminal procedure 8 Context for making criminal procedures 9 Indigenous people and Australian criminal procedure 9 Ethnic
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Role and Functions of Law Laws assist in many purposes in both business as well as society. The author will discuss the roles and functions of law in both business and society. This discussion will cover the different types of laws including statutes‚ common laws‚ treaties‚ ordinances‚ and executive orders. The author will also discuss the classification of those laws into criminal and civil law‚ substantive and procedural law‚ and public and private laws. There will also be a discussion
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is to change the law as it applies to the general population. A minority of Private Members’ Bills becomes law but‚ by creating publicity an issue‚ they may affect legislation indirectly. Like other Public Bills‚ private Member’s Bills can be introduced in either House and must go through the same set stages. However‚ as less time is allocated to these Bills‚ it’s likely they will proceed through all stages. A Bill is a proposal for a new law‚ or proposal to change an existing law‚ presented for
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Law Notes 1. Law: set of statutes and rules that individuals within a society are governed by and are compelled to follow Statute: law passed by government you must follow unlike a rule which you can’t be punished for 2. Jurisprudence: wisdom/knowledge/skill in law -- the science that deals with investigations of concepts‚ notions‚ and principles of legal thought. It enables us to explore origins of law and legal institutions. It also helps clarify the principles on which they were founded. It allows
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“Dual Liability may arise from the same set of facts‚ however the two branches of the law have very different purposes‚ procedures and resulting penalties will differ.” The English legal system has two types of law‚ criminal and civil law‚ they deal with different things in different ways. A crime is wrong against the state‚ which will be also be punished by the state‚ in one side we have the wrongdoer and the other we have the state or the crown court‚ the aim is to punish the wrongdoer to also
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