Thursday, March 28, 2024
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An Easy Guide To Understanding Legal Fundamentals

Every day, people are faced with legal decisions that can have a profound impact on their lives. Yet, many individuals lack a basic understanding of the law. This easy guide is designed to provide you with the fundamentals you need to make informed legal decisions. In it, we will explore the following topics: what law is, how laws are made and changed, the different types of law, and how to find a lawyer.

What Is Law?

Simply put, law is a set of rules that society has agreed upon in order to maintain order and protect the rights and safety of its citizens. Laws are created by legislatures, which are groups of elected officials who represent the people within their jurisdiction. Once a law is created, it may be enforced by the police, the courts, or other government agencies.

Laws can be divided into two broad categories: criminal and civil. 

Criminal law

Criminal laws are those that prohibit certain types of behavior, such as murder, theft, and assault. These laws are designed to protect the public from harm and to maintain order. If you commit a crime, you may be arrested, tried in court, and, if convicted, sent to prison.

Civil law

Civil laws are those that provide a remedy for someone who has been wronged by another person or entity. For example, if you are injured in a car accident, you may sue the other driver for damages. Civil laws are also designed to protect the public, but they do so by providing a way to resolve disputes without resorting to violence.

Constitutional law

Additionally, there is a special category of law known as constitutional law. Constitutional law governs the relationship between the government and the people. This is the supreme law of the land. It establishes the framework within which the government operates and sets out the rights of citizens. In the United States, the Constitution is the foundation of the federal government. This document establishes the three branches of government – the executive, legislative, and judicial – and sets out the powers of each.

How Does One Become A Lawyer?

To become a lawyer, you must first complete an undergraduate degree. Although you can study any subject you like, it is recommended that you take courses in political science, history, English, and philosophy, as these will help you develop the critical thinking and writing skills you will need in law school.

A Juris Doctor (JD) degree is the most common law degree in the United States. To earn a JD, you must first complete three years of full-time study at an accredited law school. There are various juris doctor online programs available that allow you to complete your studies at your own pace. After you have earned your JD, you must pass a state-administered bar examination in order to be licensed to practice law.

Additionally, many states require lawyers to complete continuing legal education (CLE) courses on a regular basis in order to stay up-to-date on the latest legal developments.

How Laws Are Made And Changed?

Laws are created by legislatures, which are groups of elected officials who represent the people within their jurisdiction. In the United States, there is a federal legislature, as well as state and local legislatures. 

The process of creating a law begins when a legislator proposes a bill. If the bill is approved by a majority of the legislators, it is then sent to the president or governor for signature. Once the bill has been signed into law, it may be enforced by the police, the courts, or other government agencies.

Laws can also be changed through the process of amendment. To amend a law, a legislator must propose an amendment to the existing law. If the amendment is approved by a majority of the legislators, it is then sent to the president or governor for signature. Once the amendment has been signed into law, it becomes part of the existing law.

What Is The Difference Between A Statute And A Regulation?

A statute is a law that has been enacted by a legislature. A regulation is a rule that has been promulgated by a government agency. For example, the Occupational Safety and Health Administration (OSHA) is a government agency that has the authority to promulgate regulations relating to workplace safety.

Additionally, there is a distinction between primary and secondary sources of law. Primary sources of law are the Constitution and statutes, while secondary sources of law are court decisions, treatises, and legal commentary.

What Is The Difference Between Civil Law And Criminal Law?

Civil law is the body of law that governs disputes between private parties. Criminal law is the body of law that governs conduct that is considered to be a crime.

Crimes are generally categorized as felonies or misdemeanors. Felonies are more serious offenses, such as murder, rape, and robbery, while misdemeanors are less serious offenses, such as trespass and disorderly conduct.

In addition to the above, there is also a distinction between common law and civil law. Common law is a body of law that has been developed through court decisions, while civil law is a body of law that has been codified by legislatures.

What Is A Trial?

A trial is a legal proceeding in which a judge or jury hears evidence and decides whether a person is guilty or not guilty of a crime. Trials are typically held in court, but they can also be held in other venues, such as arbitral tribunals.

For example, in the United States, criminal trials are held in federal and state courts. Federal criminal trials are presided over by a judge, while state criminal trials may be presided over by a judge or a jury.

Additionally, civil trials are also held in federal and state courts. Federal civil trials are presided over by a judge, while state civil trials may be presided over by a judge or a jury.

Now that you have a basic understanding of the fundamentals of law, you should be able to better understand legal concepts and how they apply to your everyday life. Whether you are considering going to law school or just want to be more informed about the legal system, we hope this article has been helpful.

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