Legal News
Legal Guide
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We all know that what we do legally has serious consequences. It can ruin our reputations, take away our freedom and even ruin our relationships. Legal issues come up all the time. The question becomes how does one go about avoiding such issues.
Answering this question is not simple. There are many things to be kept in mind while trying to stay out of legal trouble. First of all, there are legal systems; national, regional, provincial or territorial, and international. Each of these legal systems has its laws and its constituent parts.
Legal jurisdictions vary in terms of the gravity of crimes. For instance, the degree of seriousness of a crime committed by one person may differ in various jurisdictions from place to place depending upon public opinion and the culture of the people living in that particular jurisdiction. A person who is involved in criminal activity may be arrested by the police irrespective of his or her place of residence or even if he is at peace.
Secondly, there are two types of criminal law: civil law and criminal law. Civil law is concerned with disputes between private parties and it is not limited to criminal cases. On the other hand, criminal law deals with criminal cases only. A person who commits a criminal act may also be charged with a civil law case depending upon the nature of the act and the intention behind it.
In the United States, the most common law system is that based on the “common law” or judicial law. The decision of the courts generally rests on the interpretation of statutes enacted by the legislative body. This system has some very obvious advantages. For instance, decisions are generally made based on what was found in the precedents of decisions of the past and if those decisions cannot be found in the present period then the court may not have the power to issue a ruling contrary to what the legislature says is right.
Numerous statutory enactments have been incorporated by the Congress in the US constitution and these statutes bear the Constitutional seal of approval of the Congress. However, the courts are often expected to construe federal statutes more than the legislature does. The Supreme Court of the United States is the ultimate arbiter of the constitutionality of a federal statute. Even state courts are expected to apply the decisions of the federal courts. Thus, the decisions of the federal courts are called constitutional decisions. Although state courts can decide on various issues involving private citizens such as the power of attorney and the power of marriage they cannot review or reverse decisions reached by the Supreme Court of the United States.Legal Guide
We all know that what we do legally has serious consequences. It can ruin our reputations, take away our freedom and even ruin our relationships. Legal issues come up all the time. The question becomes how does one go about avoiding such issues.
Answering this question is not simple. There are many things to be kept in mind while trying to stay out of legal trouble. First of all, there are legal systems; national, regional, provincial/territorial, and international. Each of these legal systems has its laws and its constituent parts.
Legal jurisdictions vary in terms of the gravity of crimes. For instance, the degree of seriousness of a crime committed by one person may differ in various jurisdictions from place to place depending upon public opinion and the culture of the people living in that particular jurisdiction. A person who is involved in criminal activity may be arrested by the police irrespective of his/her place of residence or even if he is at peace.
Secondly, there are two types of criminal law: civil law and criminal law. Civil law is concerned with disputes between private parties and it is not limited to criminal cases. On the other hand, criminal law deals with criminal cases only. A person who commits a criminal act may also be charged with a civil law case depending upon the nature of the act and the intention behind it.
In the United States, the most common law system is that based on the “common law” or judicial law. The decision of the courts generally rests on the interpretation of statutes enacted by the legislative body. This system has some very obvious advantages. For instance, decisions are generally made based on what was found in the precedents of decisions of the past and if those decisions cannot be found in the present period then the court may not have the power to issue a ruling contrary to what the legislature says is right.
Numerous statutory enactments have been incorporated by the Congress in the US constitution and these statutes bear the Constitutional seal of approval of the Congress. However, the courts are often expected to construe federal statutes more than the legislature does. The Supreme Court of the United States is the ultimate arbiter of the constitutionality of a federal statute. Even state courts are expected to apply the decisions of the federal courts. Thus, the decisions of the federal courts are called constitutional decisions. Although state courts can decide on various issues involving private citizens such as the power of attorney and the power of marriage they cannot review or reverse decisions reached by the Supreme Court of the United States.
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