Understanding the Basics of Law
Law is a set of rules enacted by governmental institutions to govern social relations. It ensures rights, property and contracts. These institutions are accountable to people through courts, but the legal system is not limited to governments. Private individuals can also create legally binding agreements.
There are two main categories of legal systems: common law and civil law. Both are based on court decisions. However, the civil law systems typically have shorter court cycles and require less detailed judicial decisions.
Common law is a legal system based on a doctrine of precedent, which means that the higher courts bind lower courts to their decisions. This can also result in two courts making similar decisions in a case.
Typical legal issues include mortgage disputes, family problems, housing issues and debt. Courts also deal with immigration and consumer rights. The government maintains websites that provide information on these issues.
A criminal case is a lawsuit based on a failure to perform a legal duty. A defendant may plead not guilty or guilty in order to have a chance at a lighter sentence. If a plea is not accepted, the defendant can have a trial. During the trial, the plaintiff and defendant can present evidence to convince a judge that the defendant is guilty.
The trial process involves two main phases: arraignment and trial. An arraignment occurs when the accused is brought to the courtroom to be told of charges against him or her. At an arraignment, the accused is told of their rights, and if they do not agree to these rights, they are convicted.
Trial is the formal stage of a criminal case, when the accused is asked to plead guilty or not guilty. At the end of the trial, the judge will issue a verdict. In addition to the verdict, the jury will be instructed about the evidence. They may ask for a witness to testify. Or, they might want to examine physical evidence.
A defendant can also seek to change the court if he or she feels that a judgment is unjust. Typically, the defendant has the right to request a hearing to challenge the findings of the court. During the hearing, the defendant can present witnesses or other evidence, and the judge will decide whether the testimony is admissible.
Evidence can be oral, such as testimony, or written, such as documents, photographs, and video recordings. Sometimes, the evidence is circumstantial, meaning that it is not direct.
Legal issues can be complicated, and they can be influenced by the constitutions and laws of a country. For example, the United States has a federal capital offense policy that applies to crimes that are punishable by death. When a criminal defendant is convicted of a crime, the judge must follow the sentencing guidelines of the United States Sentencing Commission.
Whether the defendant is convicted or not, the judge can issue an injunction, a court order that prohibits a particular action. An injunction can be issued immediately without notice, or it may be granted after a hearing.