law

Law refers to a group of rules created and enforced by ruling authorities to regulate behavior. Law can be both a science of justice and can also be an art of justice. Laws that are enforced by the state can either be made by a group of legislators or by only one legislator resulting in statutes. The executive can also make laws through regulations or decrees. Judges can also be a source of law through judicial precedents. The main source of law is the constitution either written or unwritten.

Law can be broadly divided into two;

1. Civil law.
2. Criminal law.

Civil laws refers to the laws that are applied to settle disputes between organizations and disputes and also seeks to uphold the rights of individuals and give redress.

Criminal law on the other side refers to the law that addresses conduct perceived to be harmful to social order and gives punishment to the persons that break these laws. The guilty persons can be jailed or fined.

DIFFERENCES BETWEEN CRIMINAL LAW AND CIVIL LAW.

1. They have different purposes, criminal law seeks to protect the society and to punish lawbreakers while civil law seeks to uphold individual’s rights and to solve disputes between different parties such as organizations.
2. Civil cases take place in civil courts while criminal cases take place in criminal courts.
3. A civil case is normally brought by an individual or an organization while criminal law is brought by crown prosecution service in place of the state.
4. A criminal case has to be proven beyond any reasonable doubt while a civil case is proven depending on a balance of probabilities.

Other legal systems include;

1. Common law and equity. This is where decisions are made by the court and are automatically acknowledged as law. In this system, decisions which are made by higher courts binds the lower courts and also the future decisions by the same court. This is to ensure that alike cases reach alike results. Common law is believed to have originated from England but later spread to almost all countries affiliated to the British Empire.
2. Religious law. This is a type of law that is derived from religious precepts. Examples of these laws include the Islamic sharia law, Christian canon law and the Jewish Halakha.
3. The congress/ Acts of parliament. This is the type of law where proposed bills are passed into laws in parliaments.

LEGAL INSTITUTIONS.

The most common legal institutions are;

• The judiciary. This refers to a group of judges presiding over cases to determine the outcomes. Judiciary should abide to the constitution like all the other government bodies.
• Legislature. This where representatives are elected to present their issues. Bills are proposed in the house and the legislature must vote. For the bill to be passed to law a majority of the members must vote in its favor.
• Executive. This refers to a branch of the government tasked to enforce laws and to run the day to day administration. The executive is also known as the cabinet. The executive is headed by the head of the state.
• Military and police. The military as well as the police have the duty to enforce laws any time that they are requested by the government.
• Bureaucracy. Just like the military and the police this system carries out the instructions of the executive.
• Legal profession. It has the purpose of invoking the power of the judiciary and for assistance.
• Civil society. This refers to voluntary organizations, institutions and corporate bodies that check on the performance of the state.