Law 421 Wk2 Reflection

Substantive law

A law that refers to rules that determine the rights and obligation of individuals and groups. The Procedural law set the rules for the Substantive law. Substantive law consists of real property, criminal law, torts and contracts. From Substantive Criminal law view, Criminal law defines crimes and establishes punishments.

Procedural Law

Procedural law is the set of rules or process the other laws follow. The courts conform to the standard operating procedures and proceedings established by procedural law. Within these proceedings, the rules ensure fair practice and consistency in the due process. For example, procedural law explains when to file a lawsuit. It also gives the process to obtain restitution for those injured.

Statutory Law and Common Law

The rules of conduct for individuals and businesses are known as law. The government power in this county prescribes or formally recognizes the laws as binding and enforces them. Statutory law – laws are enacted and established by the legislative body. Federal crimes are statutory. Common law – is created by the decisions made in the judicial system, rather than an enactment by the legislative body. The issue of privacy rights represents the power of Statutory Law, in the case Griswold v. Connecticut. The Connecticut statute criminalized the use of contraceptives, and anyone aiding; and counseling others in their use. Griswold’s counseling of married couple in the use of contraceptive at a clinic cause his conviction under the statute. The Supreme Court cites the statute unconstitutional. It held the right to privacy was implied language in Five Amendments, (Melvin, 2011). Common Law, in this case was preempted by Statutory Law

Criminal Law and Civil Law

Defining behavioral boundaries and sanctions for violating boundaries is the basis of criminal law. These laws protect society and violations result in penalties such as fines or imprisonment. Legality and punishment are two significant...