What Your Lawyer Wishes You Knew Before Going to Court
Understand the law and navigate legal issues with confidence. This New edition teaches the basics of law by demystifying complex topics.
The law serves many purposes, including establishing standards, maintaining order, resolving disputes, and protecting liberties and rights. This book explains how all of these functions are related, and discusses schools of legal thought.
Basics of Law
The law is a set of rules that a society or government develops to regulate behavior. It shapes politics, economics, history and social relationships in countless ways. The term law can be applied to a specific legal field, such as criminal or business law, or to a wider system of laws such as a nation's statutes and codes.
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The study of the law has a long and diverse history, ranging from a focus on etymology to discussions about what it means to have "law" in general. Some scholars study the law using a precise approach based on examining what the rule actually says. Others use a more subjective approach that examines how the law is experienced and understood.
Understanding the law can help you avoid legal problems. For example, knowing your rights as an employee can help you negotiate contracts and understand your responsibilities if you're terminated. Similarly, understanding housing laws can help you avoid common legal issues like evictions and landlord responsibilities.
Criminal Law
Criminal law is the set of rules and penalties that are established by society to discourage specific types of harms. It punishes the wrongdoers, primarily by imposing substantial fines and/or imprisonment. It is designed to protect vital public institutions and individuals from serious harms committed by others, but also to prevent conduct that undermines the conditions that make peaceful and mutually beneficial social cooperation possible.
The government has the burden to establish every element of a crime beyond a reasonable doubt at trial. Individuals accused of crimes are presumed to be innocent, unless there is clear and convincing evidence to the contrary.
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There are a number of common defenses to criminal charges including duress and insanity. Federal criminal courts try cases that involve crimes with interstate and international implications, such as mail fraud and drug trafficking. Individual states may have different procedures for obtaining and reviewing evidence in criminal cases. They also have different constitutional protections.
Tort Law
Tort law seeks to hold individuals accountable for their actions and ensures that people who suffer harm can be compensated. Understanding torts is essential for legal practitioners as well as people seeking justice in civil court. Torts generally fall into three categories: Intentional torts, negligence torts, and strict liability torts.
Intentional torts involve wrongful acts committed with specific intent to cause injury or damage. Examples include assault, battery, and false imprisonment.
Negligent torts stem from careless actions that breach a duty owed to another person. Typical negligence cases involve injuries caused by distracted driving, medical malpractice, and slip-and-fall accidents.
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