Autumn Smith
CJS/220
March 31, 2013
Lacey Martz
Law Opinion
Introduction
In the paragraphs below I am going to examine and explain the creation of U.S. laws. In doing this I will take into consideration common law heritage. I am going to close the paper with my own opinion of what laws should and should not be a law and what should be considered when laws are made.
The Creation of Laws
In democracies such as ours, laws are the rules set by public officials. The state and federal legislators of the government are who enacts these laws. Once enacted the executive branch which controls law enforcement enforces these laws. It is the job of the judicial branch to make sure laws are valid when compared to the principles in the United States Constitution. Before a law is made an action must attract condemnation. The American legal system undergoes constant metamorphosis. New laws are enacted to deal with current situations, and old laws are modified to keep up-to-date each year. There are very few laws that have been removed from the codes. New laws are often created from attempts to utilize existing laws of questionable behavior that were unsuccessful. It is not easy coming up with new laws. Someone or some group influences legislators to write and sponsor laws. It also takes the support of many citezens for a law to make it to the books, however laws are passed that have the the support of a vocal minority and not the population as a whole.
Common Law Heritage As the nation started to develop and declared independence from the common law of medieval England, common law was enacted and then adapted to America’s needs.. These laws are based on the interpretation of judges. This is because only the most serious crimes had statues written. For this reason historical common laws are also refered to as judge made laws. In this case, the judges become useful when it comes to comparison of past and present decisions made by a judge in similar cases. If a unique situation that had no earlier precedent arises, a judge may be expected to develop a case law by ruling in such a way that will affect all the future cases that are of the same circumstance. The most crucial aspect of common law method is that in all the cases that seem to have a similar circumstance, the court should give a similar ruling. Common law is uncodified, meaning it is not written in any one place. However the American legal system is based on laws developed as part of common law.
You May Also Find These Documents Helpful
-
The law is an intricate system of principles that regulate the activity of citizens and enforce sanctions through imposition. This order was developed through a legal evolution that many individuals fail to recognize due to disinterest in history. In order to comprehend the current state of law, one must refer to the past as it enables individuals to appropriately analyze the future. The Magna Carta and The Quebec Act are key developments that played a vital role in the just formation of law in modern society.…
- 435 Words
- 2 Pages
Good Essays -
Laws are set by government to create a better society and business transactions. Laws are created and do force us to give some our freedom to be able to live in a safe environment and feel comfortable to make transactions. Through Laws it helps adjust social behavior, which allows society to work effectively. Laws also are put forth to have ethical standards in society and business, so that no one takes advantage of another person. Our forefathers set business Laws in the constitution in varies ways.…
- 450 Words
- 2 Pages
Satisfactory Essays -
Synopsis of Rule of Law. Congress may enact laws that are necessary and proper to carry out their enumerated powers. The United States Constitution (Constitution) is the supreme law of the land and state laws cannot interfere with federal laws enacted within the scope of the Constitution.…
- 607 Words
- 3 Pages
Good Essays -
They are different types of and legal protections of intellectual property. There are Copyrights, Patents, Trademarks, and Trade Secrets. Copyrights protect original works of authorship, such as literature, music, artistic works, and computer software, for example plagiarism, or use of music with in a game or music without the owner’s permission. As the holder of a copyright you have the exclusive right to reproduce, adapt and to distribute the work. Patents grant the rights on inventions, allowing the patent holder to exclude others from making, selling, or using the invention. An example would be the as seen on TV items you won’t see the item on shelves at Wal-Mart until patent runs out and other companies are allowed to make it. Trademarks are words, phrases, symbol, or designs that distinguishes the item from other competitors, such as Nike. Everyone can distinguish Nike product by just the Swoosh symbol. There is also Trade Secrets, which is a formula, process or device or any other way that keeps a company’s secret to give them an advantage. An example of a trade secret is Coca Cola. Their formula has been kept secret for decades, they have taken the necessary steps to control disclosure of the information (upcounsel.com). the law steps into place when any of these are filed with the federal government, such as the US patent office. They can provide protection from other competitors using your ideas. They can provide an attorney if needed. An e-company can benefit from any of these types of protections from the government, especially the Federal Trade Commission, depending what they offer. An example being Amazon. They fall under almost all of the different intellectual properties. Copyrights, being one of the first companies to offer online sales of anything needed except what is considered illegal. Trademarks…
- 474 Words
- 2 Pages
Satisfactory Essays -
Laws are “the body of rules or principles, prescribed by authority or established by custom, that a state, community, society, or other group recognizes as binding on its members” (Ferguson Publishing, 1999, p. 105). The purposes of laws are to maintain peace and order, to define the rights of citizens, to secure justice, to harmonize conflicting interests, and to provide means for punishing wrongdoers. Laws are applied and interpreted by courts. The courts do not seek out law-breakers but hear only those cases brought before them by private citizens or by the executive branch of the government. The enforcement of laws, therefore, is an administrative, rather than judicial function.…
- 1025 Words
- 5 Pages
Good Essays -
Laws are made in order to govern behavior in society. There are many types of laws including civil law, administrative law, criminal law, constitutional law, and international law. In order for these laws to be put into action, there is a process that must be followed. Laws start out as a bill. Anyone can draft a bill such as parties, interests groups, or presidents; and it is up to Congress to act favorably in order for the bill to become a law. According to Article I, Section 7 in the U.S. Constitution, “Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States” (Turner 580). In guiding a bill…
- 1883 Words
- 8 Pages
Good Essays -
). The sources of US Law are important because they secure our general wellbeing, and guarantee our rights as natives against misuse by other individuals, by associations, and by the administration itself. We have laws to accommodate our general wellbeing. These exist at the neighborhood, state and national levels, and incorporate things such as laws that originate from the Bill of Rights in the U.S. Constitution, that ensure our fundamental opportunities like the right to speak freely, religion, and the press. Laws that shield us from segregation in light of our race, sex, age, or due to an incapacity. In the United States, the Constitution is a definitive wellspring of the law. Be that as it may, it was never intended to address each particular…
- 690 Words
- 3 Pages
Good Essays -
In the United States, our legal system is based on the common law tradition. When there is no specific constitutional provision, statute, or regulation, courts defer to common law, which is a collection of judicial decisions, customs, and general principles. It is believed that the common law tradition may have begun as early as the 11th century in England with the establishment of the Court of Common Pleas.…
- 661 Words
- 3 Pages
Good Essays -
laws were mostly influenced by the Old English common law. The concept of stare decisis was…
- 836 Words
- 4 Pages
Good Essays -
In general, the Supreme Court does govern well on issues related to abortion, school desegregation, and gay rights. Moreover, the court governs well because the courts decisions are based on the rule of law. “The Supreme Court may not speak directly for the people, however, its opinions speak to the people, and the methods used by the justices to express those opinions have revealed changes in the conception of the Court’s voice throughout history” (Bozzo, Shimmy, & April). Lastly, “The voice of the Supreme Court is expressed most clearly in its opinions, where the justices convey their decisions and discuss their rationales” (Bozzo, Shimmy, & April). Judicial opinions rely on well-established legal rationales and they are not influenced by personal biases or predispositions (Bozzo, Shimmy, & April). However, in regards to abortion and gay rights justices personal views do influence their thinking, but the…
- 355 Words
- 2 Pages
Good Essays -
Laws are placed to ensure peoples safety and rights. The government makes these laws, who are a competent authority. They are elected or chosen because of their qualifications and ideas to improve the government and…
- 453 Words
- 2 Pages
Good Essays -
The American criminal court system plays a major role in our country. Without this system, all of those who violate the law would be entitled to do whatever they want and not held accountable for their actions. Defining the court and its purpose it’s something that will makes us understand the system a little better. The dual court system, also plays a major role in our countries system and will be defined in this paper. Describing the role that early legal codes, the common law, and precedent played in the development of courts will also be defined in depth…
- 896 Words
- 4 Pages
Good Essays -
What are some of the issues that are facing police departments, and all law enforcement agencies out there? Well there are a lot of issues, and problems that are facing police departments in today’s society, for starts gun problems are a big one. That all talks about how some chiefs want gun laws to be tightened, and some chiefs think that they should let people be free with guns, so that they can protect themselves. The Problem with all the guns is that people now days are buying more and more guns which is also causing the crime rate to go up and causing a lot of problems on all the police departments that are trying to keep the crime rates down. Yes people should be allowed to have guns so that they can protect themselves, but the laws with the guns are not that strict and just cause everyone to roam free with guns all over the cities, and like I said is causing the crime rate to increase, and more and more people are being killed because of lack of laws on the gun permits, and everything. I think that if we tighten down the laws on guns the crime rates will slowly decrease but that is better then them not decreasing at all.…
- 1090 Words
- 5 Pages
Satisfactory Essays -
Legislations are the driving force to promote national profile and to improve economic prosperity. An advanced law system can maintain social orders and alter citizen’s behaviors. Personally, I hold the view that the legitimate principles have both advantages and adversities, while the merits surpass the downside in the most of the cases.…
- 286 Words
- 2 Pages
Good Essays -
Title: Using the knowledge of principle and rule used by judges to interpret statute, and comment on Derek situation.…
- 1474 Words
- 6 Pages
Better Essays