Necessity For and B enefits of L aw T o the Society ..
Table of Contents. DEFINITION. SOURCES OF LAW. TYPES OF LAW.
[Audio] Other definitions often capitalized : the revelation of the will of God set forth in the Old Testament a rule of construction or procedure -the laws of poetry the whole body of laws relating to one subject - criminal law the legal profession a statement of an order or relation of phenomena that so far as is known is invariable under the given conditions - Boyle's law.
[Audio] The first source of law is constitutional law. Two constitutions are applicable in every state: the federal or US Constitution, which is in force throughout the United States of America, and the state's constitution. The second source of law is statutory law. While the Constitution applies to government action, statutes apply to and regulate individual or private action. A statute is a written (and published) law that can be enacted in one of two ways. Most statutes are written and voted into law by the legislative branch of government. This is simply a group of individuals elected for this purpose. The US legislative branch is called Congress, and Congress votes federal statutes into law. Every state has a legislative branch as well, called a state legislature, and a state legislature votes state statutes into law. Often, states codify their criminal statutes into a penal code. The third source of law is case law. When judges rule on the facts of a particular case, they create case law. Federal case law comes from federal courts, and state case law comes from state courts. Case law has its origins in English common law. Administrative laws are enacted by administrative agencies, which are governmental agencies designed to regulate in specific areas. Administrative agencies can be federal or state and contain not only a legislative branch but also an executive ( enforcement) branch and judicial ( court) branch..
[Audio] Contract law encompasses any laws or regulations directed toward enforcing certain promises criminal law a system of law concerned with the punishment of offenders. Tort law- A civil right of action arising independently of contract, restitution, crime or equity. Administrative law is an area of law that you will need to rely on if you wish to challenge a decision or action of a government official, department or authority. Industrial law (also called labor law or employment law) is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organization Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary..
[Audio] RELATED DEFINITIONS Public Necessity:A necessity that involves the public's interest. Duress:The compelling of a person to undertake an action against his or her will by the threat of physical or economic harm..
[Audio] The defendant must reasonably believe that an actual threat exists. Therefore, in order to use the defense, Christopher must reasonably believe that the forest fire will destroy all or part of the town. Please note that as long as this belief is reasonable, he will be able to use the defense even if the forest fire never actually approaches the town..
[Audio] The defendant must reasonably believe that the threat he is trying to prevent is greater than the damage that will result from his actions. Therefore, Christopher will be able to use the necessity defense if he reasonably believes that burning some of the houses at the edge of the forest is a lesser evil than allowing the entire town to burn..
[Audio] The defendant can only use the necessity defense if there was no other, less harmful way to avoid the threatened danger. In the above example, Christopher will only be able to use the necessity defense if burning a few of the houses was the least harmful way to protect the town. The defendant will only be able to use the defense if the defendant himself was not at fault in creating the situation that made it necessary to commit his crime. In other words, if Christopher himself had been responsible for the forest fire, he would not be able to use necessity as a defense to burning those houses..
BENEFITS OF LAW TO THE SOCIETY. Defending us from evil Promoting the common good Resolving disputes over limited resources Encouraging people to do the right thing.
References. CQ university library. (2017). Library Guides: Law Resource Guide: Types of law . Cqu.edu.au. https://libguides.library.cqu.edu.au/c.php?g=760881&p=5456221 cronusprod . (2019, September 2). What Is The Purpose of Law & Its Functions Within Society? Cronus Law, PLLC. https://cronuslaw.com/the-purpose-of-law-and-its-functions-in-society/ Merriam- Webstar . (2019). Definition of LAW . Merriam-Webster.com. https://www.merriam-webster.com/dictionary/law National paralegal college. (2019). Foundations of Law - Necessity and Duress . Lawshelf.com. https://lawshelf.com/coursewarecontentview/necessity-and-duress/ Publisher, A. removed at request of original. (2015, December 17). 1.6 Sources of Law . Open.lib.umn.edu; University of Minnesota Libraries Publishing edition, 2015. This edition adapted from a work originally produced in 2010 by a publisher who has requested that it not receive attribution. https://open.lib.umn.edu/criminallaw/chapter/1-6-sources-of-law/.