Funciton And Roles Of Law
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Functions and roles of law
When disputes arise between members of society or between businesses, its through the courts, using the law, that will help to resolve the dispute between the parties. There are different types of laws such as the constitution law and the common law. In many cases judges will use previous cases to help solve a current case. This process is called precedents, which means to follow the decision of other judges in similar cases to solve their case. Within the law there are three types of common classifications of law, (1) criminal law and civil law, (2) substantive law and procedural law, and (3) public law and private law. These classification of laws help the courts system to know which law will be applied to a case based on the category the case falls into.
What is the constitution law? The constitution law has two functions. The first function or role of the constitution is to set up a structure of government. The structure is set up for the political units that the government controls, Branches and subdivisions are created in the government. These subdivision and branches also receive instructions of what power they have as well as what power they do not have. This is what we know as separation of power to great a balance within the government legal system. The other function of the constitution law is to make sure that other units of government do not take certain actions or even pass certain laws that may restrict certain rights of the individual. One example would be the passing of the bill of rights
The second type of law is known as the judge made law, which is the common law. The common law is known as the judge made law because judge make the law and their decision on a cases is made based on those laws. This type of law is only used on cases that are not governed by statues or other type of law. Even though the state courts and the federal courts may become involved in using the common law its generally used by the state courts. The way the common law is used, in settling disputes, is by using previous decision that other judges have made in similar cases and apply those same outcomes to their current case. This procedure is known as precedents or a more formal name of stare decisis which means “let the decision stand”.
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