classes. The lower class thought there were getting a bad end of the stick. It created an Equal application of law. How laws were applied and how punishment were put. There was a unwritten law saying upper class still got better treatment and still do today in a sense 4. The Dark Ages- First millennium of our “modern era”-after fall of rome there was a fall back into the earlier application (unequal things) 5. Return of Rome input. Thing like fining. Leads to Common Law Origins of common law (1300, 1400)- moving from personal wrong to societal wrong. We are talking about laws common to all citizens of the land. Standardization of law. Justices regardless of class standing influence. (primarily to men in earlier years, no slaves or woman) judge made law- (case law) dispute judge comes in and makes ruling. Early American society- common law becomes the basis of American law. When we were British colony common law was forced on us. As we progress in independent nation we had judges tweak the laws into making our needs. What worked we kept what didn’t. o Statutory laws- they are created in state or federal legislator (formalized) (most common laws that became statutory were fixed nothing really new) one could just be a common law or just a statutory law) Criminal Versus Civil Law 1. Criminal Law (crimes)- any legal violation of state federal (can be statutory or common) a. When a crime is happening certain things must be present i. Public offense. 2. Civil laws (tort)- private wrong. Outcome is very different individuals bring she charges. Dispute between individuals. Similarities: both have sanctions. Either one can be a starting point. Can start with one and go to another. Both are controlling behavior act as a mechanism, of social control Differences: criminal law is state job to figure out while civil matters. Its agreed that the person who is harmed come up with the charges. Civil matters maximum is restitution (paying something; get money back, more like than not that it happens 50.0001 little more likely that it happened than not) Criminal Law- (death penalty prison jail) proof 100% sure the person is guilty Types of Law 1. Legislated Law (statutory law)- created or passed by state legislators. a. Most of laws today emulate from this one (city council all the way to government) obviously where the law is made it is where the law goes (state laws made in state
are the state’s law) federal law are all of U.S. Can’t make a law in Louisiana and said you have to follow it in Texas. 2. Judicial Law (common law)- refers to legal rulings from judges that become laws. 3. Administrative Law- laws that are meant to government specific agencies (government agencies/institution) (codes)- focused on what that agency does. How much mercury can u put in blah blah until it not safe. EPA, IRS. Violation can be a criminal matter. If you don’t pay your taxes the IRS will come and find you. Vast majority of laws in the United States are actually administrative law.
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