07 May
07May

Law is a systematic system of rules developed and enforced by governmental or civic bodies to regulate behaviour, in the sense that the specific definition varies from area to area, with a particular reference to the interests of the governed. It is perhaps best regarded as an art and science of social justice. Law is said to have originated with the adoption of rights (towards self-rule), obligation (towards collective action), and justice (towards the administration of public property). In light of this, a lawyer is someone who practices law, that is, presents legal problems for the courts to decide and make submissions on behalf of the parties involved.

The function of the legislature is to make laws that are necessary for the proper functioning of the legal system. These laws are subject to amendment by the courts, which may do so periodically or on demand by the legislature. Besides legislating, the constitution also establishes various organs of government. Civil law deals with disputes between individuals and organizations; criminal law deals with crimes against the state, society, and fellow citizens; and executive law, which are the highest court in a country and which delegates power to the government. The role of the attorney is therefore quite distinct from that of the lawyer.

Civil laws are usually framed by the legislature. This means that the legislature decides that things like which crimes are punishable by laws, which crimes are morally worthy of punishment, and which are not. The Constitution gives force and direction to these decisions by providing for judicial review of these decisions by the courts. However, the courts cannot hear arguments concerning the constitutionality of a law until it is presented to them.

Statutory law, on the other hand, is a law that is created by statutes, which are laws passed by the legislative body, without having to go through the courts. For instance, laws regarding taxation require the courts to decide the validity of the tax. The statutory law thus has precedence over the customary law. There are certain situations when the constitution and statutory law conflict. In such cases, the latter wins.

Both the legislature and the courts have the constitutional right to change the existing laws. However, this change must be done through an Act of Congress. This makes the process of changing the constitution a lengthy and cumbersome one. Because of this, most governments employ lawyers as people's representatives so that they can make changes in the existing laws through legal amendments.

In addition, because it is the job of the legislature to determine what the constitution means and what actions it should take, there is nothing beyond the legislature when it comes to the operation of the criminal justice system. Unlike civil law, criminal law does not recognize two distinct levels of jurisdiction: state and federal. Unlike the common law, which allows claims from non-residents who harm others within the state, the federal system only recognizes a limited degree of personal jurisdiction over state residents. Consequently, when victims bring claims against perpetrators within a state, they may not be able to bring claims against the perpetrator outside of that state.


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