Unit 5 Political Science Assignment: Rule Of Law

Each state prosecutes crimes committed against the state or society as a whole. Each state court must adhere to guidelines set forth by the federal government. Crimes against a state are held to a higher standard and must prove a party is guilty beyond a reasonable doubt. Whereas crimes against an individual are civil cases, generally do not result in jail time and have a lower burden of proof.

Criminal law on the other hand is concerned about protecting society from people who commit crimes as prescribed by the common and statutory laws. Criminal law's purpose is conventionally stated as being retribution, deterrence, restraint, and rehabilitation (Gillies, 1990, p 6). In criminal cases the prosecution represents the public or society in taking legal action against the party whom it considers to have committed a crime and seeks to have that party punished. Similar to civil law, criminal law requires the party commencing legal proceedings to carry

The differences between legal rules and other kinds of rules is that criminal law refers to the consequences associated with breaking them. As the substantive law meaning that it is the law of crimes, referring that Criminal law is the code conduct that all in the society need to follow the rule, and the prohibitions on murder, assault, and burglary. Meaning that if an individual violates or commits these crimes they are going to be treated as a criminal by punishing act from the state. Civil law is refers to procedural law to follow the rule of the state from someone that has committed a crime. Which it is divided into 5 categories, for example torts, property, contract, family, and juvenile law.

“If you have ten thousand regulations,” British Prime Minister Winston Churchill once said, “you destroy all respect for the law.” Yet it appears that the government of the United States long ago disavowed this advice, instead devoting itself almost single-mindedly to producing an endless flood of new rules.

As mentioned in the text “Law is a body of rules established by government officials that bind government, individuals, and nongovernment organization.” These rules were established to maintain stability and justice. The five sources of law are common law, constitutional law, legislation, executive orders and administrative law. Common law is judge made and is grounded in tradition and previous judicial decisions, instead of in written laws. It was a tradition beginning in England as the United States had former ties to England, they were influenced by it. Constitutional law is the body of law that comes out of the courts in cases involving the interpretation of the constitution. The highest court is the Supreme Court.

Criminal law is the foundation of our Criminal Justice System. It establishes what actions are deemed illegal. Criminal law applies to areas of law enforcement through three main components: Police, Courts and Corrections. To ensure that everyone is treated equally, constitutional amendments are set in place in to protect the defendant.

Civil cases are usually private disputes between organizations and people. Criminal cases are usually a harmful, immoral action towards society as a whole.

Substantial differences exist between criminal and civil cases. Civil cases are usually between two people, or organizations, who have a personal or private disagreement. Criminal cases involve an offense which harms the entire community and whose solution is a monetary fine or imprisonment for the offender. The volition of criminal law rests with the state. The volition of civil law rests in the hands of the person who was harmed. Although differences exist between civil and criminal cases, each is resolved within the courts of law.

We are a nation of laws because having laws helps keep things in order and protects our people. They keep us and our rights safe against other people, organizations, and the government. We also have laws that protect our rights as citizens, and which include things like: “Laws that come from the Bill of Rights in the U.S. Constitution, that guarantee our basic freedoms like freedom of speech, religion, and the press. Laws that protect us from discrimination because of our race, gender, age, or because of a disability” (Law and the Rule of Law).

Completing Public Law, furthered an interpretation of the United States Constitution and the Rule of Law. The Constitution, is a document outlining the separation of powers (executive, legislative, judicial), is an endowment of individual liberties, and an unfunded mandate. Our representative democracy and the creation of an administrative state use politics and rules to fund the mandate.

Civil law and Criminal law are two very different and separate distinct of law with separate sets of laws and punishments. According to William Geldart, Introduction to English Law 146 (D.C.M. Yardley ed., 9th ed. 1984)] "The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue or punishment. The object of civil law is the punishment of wrongs by restitution only suffers so much harm as is necessary to make good the wrong he has done. The person who has suffered gets a benefit from the law, or at least he avoids a loss. On the other hand, in the case of crimes, the main object of the law is to punish the guilty person and help them not commit same crimes anymore. It is to help them counsel their problems and help them get out that stage. It also helps prove to the judges that they are not merely insane and get them out of trouble. [Examples of criminal law include cases of burglary and assault or even murder when in the other hand examples where civil law happen include cases of negligence.] The types of punishment for Civil Law is to compensate for any injuries or damages that have been done, and the types of punishments for Criminal Law is when death penalty is involved.

There are two majors of laws criminal and civil. The description of criminal law is that it protects the safety and interest of society. For example if someone is using physical violence, sexual assault, robbery, burglary, or if someone commits a murder weather its first or second degree murder they are considered guilty of a crime. On the other hand, civil law protects the interest of an individual. The two major areas of civil war are torts and contracts. Torts means when someone gets hurt and sues for damages wanting money to pay for injuries. Contract means a legal contract made between two parties. Weather is a house, apartment, or an employment contract. In this module I learned that not everything bad is considered a crime and that as a community we have to understand the difference of a criminal and civil theories.

Civil and criminal law are two different law with different rules if punishment. The difference between these two law based on two

Another reason for its importance is that the rule of law promotes the expression of a collective will. Law is a means by which the collective will of the people is expressed. Our Constitution enshrines the basic human rights and civil rights that people want protected.

“The law is a set of rules for society, designed to protect basic rights and freedoms, and to treat everyone fairly” (www.oas.org, n.d.). In essence, laws were created as fair system to help society to keep the peace, shape moral standards, support social justice, facilitate orderly change, assist planning, provide a basis for compromise, and to maximize individual freedoms (Cheeseman 2013, p.4). As a result of these issues, the U.S. law is constantly evolving and changing with the norms of society, technology, and the growth and expansion of commerce in the United States and the world (Cheeseman 2013, p. 5).