The Basics of Law
Law is a system of rules that people use to deal with crime, business agreements, and social relationships. It can also refer to a person who works in this system, such as a lawyer or judge.
The law is used to keep the peace, maintain the status quo, preserve individual rights, protect minorities against majorities, promote social justice, and provide for orderly social change. Different legal systems serve these purposes better than others, and it is important to know the laws of your country before making any decisions.
There are many branches of law, including criminal, civil, and administrative. Each has specific rules for deciding cases and conducting trials.
Criminal law deals with crimes, such as murder or assault. It regulates the punishment of those who commit these crimes and can also help prevent them from occurring.
Civil law deals with lawsuits and the resolution of disputes. It is often referred to as “the law of the land” because it governs most of the affairs of people.
Commercial law covers contract, property, and debt law. It is rooted in the medieval Lex Mercatoria, and has evolved over time to include areas such as agency, insurance law, bills of exchange, and insolvency and bankruptcy.
Administrative law, in contrast, focuses on policies related to the management of government. These policies can affect everything from public transportation to telecommunications.
The legal system in a country can vary dramatically from one nation to the next, depending on the government’s preferences. Some governments are authoritarian and seek to impose their will on others, while others promote democracy and strive to ensure that the people have access to the law.
Courts are the main venue where legal matters are decided, and there are judges, clerks of court, and juries who sit in a room to hear disputes and make judgments. Normally, there is a quorum of judges for a trial, but in special circumstances, a court may expand to have the entire membership participating in sessions called en banc.
There are different methods for arguing cases in courts, including oral arguments and written arguments. These can be done by a judge or an attorney, or by the parties themselves.
Appeals from court rulings are sometimes made to higher courts, or even to the Supreme Court. Appeals can be based on facts or on law.
A decision that a court makes in one case can influence the outcome of similar cases in the future. In some cases, this is known as precedent.
Precedent is a record of past court decisions that have similarities to the facts and law of a current dispute. It is sometimes binding, meaning that it must be followed in future proceedings unless the party challenging the decision can show why the previous ruling should not apply.
It is also possible for a legal norm to be repealed or replaced by new legislation. However, this process requires the support of the legislature and approval by voters in a majority vote.