Tag Archives: law is

Law And Legal System

law photoLaw is a system of rules and guidelines which are enforced through social institutes to govern wherever possible. It shapes political, economics and society in very many ways. Civil lawis a legal system. A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may by civil or criminal. All legal systems deal with the same basic issues, but jurisdictions categories and identify its legal subjects in different ways. A common distinction is that between “public law” (a term related closely to the state, and including constitutional, administrative and criminal law), and “private law” (which covers contract, tort and property).

There are many types of law:-

Civil law: lawsuits and other hearings where there is no accusation of a crime. In these cases, the standard of proof is preponderance of the evidence. Both sides are private parties and nobody can be sent to jail over the issue at hand, but the court can issue rulings which make people do things, refrain from doing other things, and/or award monetary damages

Criminal law: the process for dealing with crimes. In these cases, it is the government versus the accused, and the government has to show guilt beyond a reasonable doubt.

Administrative law: law dealing with the internal running of government departments and services. There aren’t as many standard rules for administrative law, as it mostly deals with the regulations of a particular government body. Appeals of Social Security disability cases would be an example of administrative law.

Family law: a subset of civil law which deals with divorce, parenting, and related issues.

Divorce law : Divorce (or the dissolution of marriage) is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties

Will law: A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his estate and provides for the transfer of his property at death.

Corporate law: both civil and criminal law deal with regulating corporations and how they can act within society, things like accounting regulations and fraud (criminal) as well as product liability (civil).

Contract law: a subset of civil law dealing with contracts and how they are enforced by courts.

Traffic law: a subset of criminal law dealing with traffic violations.

Constitutional law: an overarching area of law dealing with the Constitution and its interpretation.

Religious law: is explicitly based on religious precepts.

Sociology of law is a diverse field of study that examines the interaction of law with society and overlaps with jurisprudence, economic analysis of law and more specialized subjects such as criminology. Although a formalized, authoritative source of law provides a precise and clear-cut answer to a legal problem, non-formal sources are also not unimportant and should not be ignored. Where a formalized legal document reveals ambiguities and uncertainties making alternative courses of interpretation possible, the non-formal sources should be resorted to for the purpose of arriving at a solution most conductive to reason and justice. When the formal sources entirely fail to provide a rule of decision for a legal case, reliance on the non-formal sources becomes mandatory.