A Legal Briefing

The constitution was created to establish order and create a society that followed specific, mandatory guidelines. We are bound to adhere to our forefathers and the government’s legal system, which was enacted to regulate the activities of its citizens. Since crime is always going to exist and there is always going to be transgressors, we need laws that enforce orderly conduct within our respective environments. A legal system is required to hold people responsible for their actions. Without it there would be chaos and things would get out of control for governing bodies. Every government in the world has developed a particular set of laws that preside over their people that keep the citizens in check and from acting out. Today there are both public and private forms of ordinance that blankets every single type of person. While the state created public law to govern over their citizens and companies, private law (common law) oversees the relationship and exchanges that citizens and companies have between one another.

Public laws deal with the defendant versus the state. Laws under this category are constitutional law, administrative law (executive branch of government) and criminal law. Public policies are born out of the government and are carried out by the law enforcement agency best suited for the job. The defendant in these cases faces jail time if convicted for his violation against society.

Shifting focus to private laws, it is important that within these matters the government does not impose itself on the needed justice and instead all the proceedings go to civil court. Private laws deal with whether or not the interaction between fellow citizens is lawful. It is not like public law where the government intervenes and all the decisions are that of the state. Thus, someone cannot be sent to jail for disobeying a private law; usually there is a financial consequence for the defendant as compensation for the person who made the complaint. What falls under civil law is contract law, law of torts (when someone has been wronged by another such as a car accident), property law and family law.

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