The law is the law that is made and enforced by governmental or communal institutions to govern conduct, having its exact definition again a matter of long-standing debate. It is defined as the formal science of justice and an art of civil law. It incorporates various concepts like right and wrong, equity, trust, property and social responsibility. These concepts are then translated into rules or laws, which help people to act on their obligations in different situations. Laws are also divided into civil and criminal laws.
Civil law includes all the rules that govern conduct in the administration of civil affairs, while criminal law concentrates mainly on criminal offenses. Both criminal and civil law, however, have the ability to be learned from a legal education and may be pursued at the same time as a career. Almost all jurisdictions make laws available for access by candidates entering the bar exam after passing the necessary examinations. For the purpose of eligibility for the examination, potential candidates must be apprised of the different bodies of law prevalent in the country they wish to practice. Most bar associations keep a library of these pertinent texts for the use of its members.
Civil law comprises the areas such as property law, family law, divorce law, contract law, probate, and corporate law. Civil law is closely associated with private non-profit organizations, and most experts believe that civil laws tend to be more restrictive in comparison with criminal law. The main reason for this is that civil cases tend to be less litigated than criminal cases, and therefore, require less evidence to prove the guilt of the parties involved. On the other hand, criminal litigation involves a greater amount of proof, higher value of evidence, and more complex issues of proof required to establish innocence or guilt.
The separation of civil and criminal laws evolved out of the English Common Law system. This system lays the foundation for all the existing governing bodies of law in United States today, including the United States Supreme Court. Because of the importance of the courts in our country, it is imperative that all legislative bills take its opinions into consideration by the courts before they become law. This is known as “judicial review.” It is one of the major reasons the Bill of Rights was included in the first constitutional amendment to the constitution.
Another difference between the judicial and common law jurisdictions is that there are no juries in criminal cases in the latter. Instead, defendants in criminal cases are represented by legal professionals such as attorneys. The major differences between the jurisdictions arise from the nature of the crimes for which the defendants are charged and the procedures that are used to resolve disputes between the state and its citizens. In contrast to the legal systems of the United States and Great Britain, the Jamaican legal system does not permit juries in criminal cases.
Unlike the civil courts, the criminal justice system of the United States does not permit juries in most criminal cases. The issue of juries arises when the defendant is accused of crimes that are not enumerated in the Constitution. In order to address this concern, the US Supreme Court has ruled that it is not mandatory that a person must be tried by a jury. This rule is referred to as “innocent until proven guilty” or “innocent of all crimes.” This ruling has led to several difficulties for juries in trying cases that do not involve enumerated crimes. The lack of juries in civil court cases, combined with the “guilty until proven innocent” rule, has led to frequent arguments between lawyers and juries concerning the admissibility of evidence and the issues of double jeopardy and self-incrimination.
Pierson further explores the role of the criminal defense lawyers in the formulation of a just and appropriate response to a claim of liability in a case involving the enforcement of a criminal statute. Pierson describes the importance of the argument of liability in American criminal law. He notes that, unlike civil law, criminal law does not distinguish between liability and damages, a distinction that is inherent in civil law. Because of this, the argument of liability can be more complex in the United States than in other countries.
Pierson concludes his study by examining the relationship between the property laws of the states and the real property laws of the United States. He examines the importance of state property law to the operation of the private property rights protected by the federal laws. Pierson contends that the real property laws in the United States are not uniform across the states and that this uniformity is important to the functioning of the private property system. Additionally, he points out that the disproportionate number of African Americans and Native Americans in the criminal justice system is indicative of a history of discrimination in the application of many aspects of the law. By analyzing the relationship between the state’s property laws and the enforcement of criminal laws, this author presents an outline of how the differences in the laws between the states affect the functioning of the legal system.