Chapter 1. Introduction to Law.
Initial Postings: Read and reflect on the assigned readings for the week. Then post what you thought was the most important concept(s), method(s), term(s), and/or any other thing that you felt was worthy of your understanding in each assigned textbook chapter.Your initial post should be based upon the assigned reading for the week, so the textbook should be a source listed in your reference section and cited within the body of the text. Other sources are not required but feel free to use them if they aid in your discussion.
Also, provide a graduate-level response to each of the following questions:
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- Franklin Felon shot and killed two people during a robbery. Why was this act a violation of both criminal and civil law?
- Explain the sources of each type of law and provide examples of each: constitutional law, statutory law, common law.
Question 1 (i) : Franklin Felon shot and killed two people during a robbery. Why was this act a violation of both criminal and civil law?
Scenario: In the given scenario, an individual named Franklin Felon shot and killed two individuals in a robbery.
Violation of criminal law: Criminal law is said to be violated when an individual indulges himself in performing an act that is morally wrong. The main reason for implementing the criminal law was to prevent the occurrence of criminal activity as well as compel the perpetrator to pay recompense for the harm he has caused and to atone for his moral wrongdoing (Hernández, 2019).
Violation of Civil Law: Reimbursement for damages or losses, as well as the transfer of property and other issues, are common topics in civil cases. In most situations, a convicted accused faces imprisonment and/or penalties, as well as, in rare cases, the death sentence. Civil law is concerned with resolving conflicts between persons and preventing them from escalating into a violent clash. It promotes social cooperation while discouraging exploitative behavior and unethical economic activities (Scalia, 2018).
Several activities can be classified as both criminal and non-criminal. It is a criminal offense to commit robbery, and violence can be both a common and a criminal offense. Franklin Felon intentionally struck and injured two people at the same time, which is a violation of the Penal Code and a typical occurrence. On the other hand, a burglary case establishes your criminal case. He is in charge of both the law and infringement along these lines.
Question 1 (ii) : Explain the sources of each type of law and provide examples of each: constitutional law, statutory law, common law.
Constitutions: These are the established framework that defines how well the legislature should function and be organized, as well as how power and responsibilities should be distributed among them. They also serve to protect a country’s citizens’ rights to freedom. For example, in America’s bureaucratic constitution, the first three articles layout and describe the government’s structure and degree, while the Bill of Rights, or the first ten amendments, guarantee individual liberties. It serves as a guideline for the administration, stating that every action should be consistent with the constitution.
Statutes: They are effectively formed by the sovereign, ministry, and adjacent lawmaking bodies, which are thus included the elected officials who possess the power to make national laws. The laws must be applied to the facts of the case by the judiciary. A statute can be dismissed or ignored by a court if all of the case’s material law translations reveal that the rule is unconstitutional under the Constitution, rendering it irrelevant (Gaitánet al., 2018).
Common law: When there is no other option for resolving a matter, common law is used. It pertains to a law that is enacted or classed by an assembly but is implemented by the judiciary according to diverse customs and the legal history of the United States, as well as the periods of reverting back to England’s legal construct. In this way, common law can be defined as a part of English law derived from legal precedent and custom rather than statutes.
Gaitán, S., Herrera-Echeverri, H., & Pablo, E. (2018). How corporate governance affects productivity in civil-law business environments: Evidence from Latin America. Global Finance Journal, 37, 173-185.Retrieved from: https://www.sciencedirect.com/science/article/pii/S1044028317302934[Retrieved on: 22.08.2021]
Hernández, T. K. (2019). Latin American racial equality law as criminal law. Latin American and Caribbean Ethnic Studies, 14(3), 348-358.Retrieved from: https://www.tandfonline.com/doi/abs/10.1080/17442222.2019.1661971 [Retrieved on: 22.08.2021]
Scalia, A. (2018). Common-law courts in a civil-law system: the role of united states federal courts in interpreting the constitution and laws (pp. 3-48). Princeton University Press.Retrieved from: https://www.degruyter.com/document/doi/10.1515/9781400882953-004/html[Retrieved on: 22.08.2021]
Sobol, N. L. (2017). Fighting Fines & Fees: Borrowing from Consumer Law to Combat Criminal Justice Debt Abuses. U. Colo. L. Rev., 88, 841.Retrieved from: https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/ucollr88§ion=29[Retrieved on: 22.08.2021]