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According to the Oxford Compact English Dictionary, law is, "a rule or system of rules recognized by a country or community as regulating the actions of its members and enforced by the imposition of penalties". Law can be classified in two ways, firstly, civil law and criminal law; and secondly by the legal sources of law. There are several sources of law including The Constitution, Case Law, Legislation and Customs. This paper will discuss and outline the various classifications of law. Criminal law is an offence that is regarded as being against society. This indicates that a person commits a crime that is against morality or social order such as murder of manslaughter. According to Helen J. Bond and Peter Kay, authors of Business Law, criminal cases are cases that are called prosecutions and they are initiated in the name of the State and on behalf of the nation to protect individuals. However, in the Bahamas, a criminal case is initiated in the name of the Attorney General, the Queen or the Commissioner of Police. In addition, prosecution is successful if the accused is found guilty and is liable for punishment which maybe a community sentence, fine or imprisonment. However, if the prosecution is unsuccessful then the accused is acquitted. An example of a criminal case would be the case of John Higgs versus the Attorney General. In this case a crime was committed against society because Higgs had killed his wife with the intentions of trying to keep the murder undercover. This case is classified under criminal law because the case occurred in the name of the Attorney General of the Bahamas and tried in the Supreme Court. Because there is no distinction made between where criminal and civil cases are heard in The Bahamas as compared to England and elsewhere, court hearings take place in one of the many courts in the Bahamas depending on the crime committed, such as the Juvenile Court or the Drug Court. When referring to criminal law, a criminal case is prosecuted by the prosecutor, who must then be able to prove beyond reasonable doubt that the accused it guilty or not guilty. For this to take place there must be sufficient and concrete evidence provided by the prosecutor that will give logical reasoning for the accused guilt. The prosecutor must also be able to make the jury feel that the party accused is guilty and deserving of the verdict that is given at the end a trial. As in the Higgs case, he was later found guilty of the charges made against him and was therefore sentenced to serve a number of years in prison for crimes that he committed. He is presently deceased. Another type of law is known as civil law. Civil law is basically law of a state outlining the rights of private citizens and is also known as "roman law". Likewise, it is the wrong or dispute that is launched against an individual or it is between individuals. In contrast to a criminal case, a civil case is one that is brought against the courts by private individuals called the plaintiff. A plaintiff is defined as a person who would either be seeking compensation for a loss he or she has suffered or to establish his legal right. In such a case, if the plaintiff is successful against the defendant, he will win damages to compensate him or her for any loss he has suffered or may win a court order, which establishes his or her legal rights. In a fiction case for example of Lisa Johnson and Dave Johnson a couple who has requested a divorce, Lisa seeks a settlement based on the fact that they were married for twenty years and Dave committed adultery. Lisa Johnson is claiming that because of the adultery her family has been divided and therefore she has been left to provide for the four children they have. To prove that her husband was unfaithful, Lisa had photographs and tapped conversation of her husband and his mistress. Based on this case, it is noted that the dispute between two individuals who were married for a certain period. Lisa, being the plaintiff was able to file for a divorce and claim compensation because her husband was disloyal and he had created a risk in the marriage. With the evidence that Lisa provided the court, she was able to win the case causing Dave Johnson to pay a monthly fee of $5,000 maintenance fee and child support for each child. In this case there were two attorneys defending each client's need based on the evidence that was provided. Law is also classified based on the legal sources of law which may include the constitution, the legislation, case law and customs. Many of the rules of law came into existence because of the colonization of West Indian Territories and the fact that they are based solely on the roots that are in England. The constitution may be defined as the supreme law of the land, or the rules that govern the country. However constitutional law is described as determining the constitution of the state or country including the manner in which the country is organized and the fundamental principles that govern the country. In reference to the constitution, every law or action should be able to stand against the constitution to determine its validity. In article 2 of the Bahamian constitution it is stated; "This constitution is the supreme law of The Commonwealth of The Bahamas and subject to the provisions of this constitution if any other law is inconsistent with this constitution this constitution shall prevail and the other law shall to the extent of its inconsistency be void". Another source of law is the legislation. The legislation includes all forms of law, which are enacted by pre-established law making organizations of the state or country according to specific procedures. The legislation is not directly dependent on litigation between contesting persons. There are two types of legislations, mainly the statute and the subordinate or the subsidiary legislation. The statute is the type of legislation that is enacted by parliament whereas, the subordinate legislation is that not enacted by lawmakers as superior as parliament and therefore parliament has the authority or power to override the legislation with another statute. However, parliament has the authority to delegate or give power to subordinate law makers who are then able to make regulation, rules, orders - in - council, orders, proclamations and by-laws. In addition to the constitution and the legislation there is case law. In reference to case law, judges are required to research relevant laws that are applicable to a case and from there, base his decision on available cases that are relative to the case that he must pass judgment. However, a judge is only able to do this if there are no applicable statutes that may be used for a certain case. Case laws are the basis of common law, meaning that they develop from precedent to precedent. Precedents are cases that serve as examples or models for future cases or actions. This infers that cases are based on the principle of law, which they contain, and not so much on the cases itself. Because case laws are dependent on the cases that precede them; this indicates that the judges should have records that are updated, satisfactorily recorded and must be accessible to those needing them. There are two types of precedents, the doctrine of binding precedents and persuasive precedents. The doctrine of binding precedents state that a court is bound to apply to a case, laws or facts as stated in the previous case that is identical or similar in fact. In persuasive precedents, judges tend to analyze factual situations in earlier cases and from their consider the reasoning of the earlier judges before making a decision for a particular case. The final source of law by which law is classified is customs. Customs is grouped into to categories; local and general customs. Before either type of law can be recognized by the courts it must meet certain rules. Local custom is a usage that has obtained the force of law and is binding within a particular area or place upon the person and things which it concerns. It must first meet certain requirements before it is considered legally binding. First, the custom must have existed from time immemorial which is fixed at 1189, the end of Henry II reign. This implies that no law before the aforementioned time will be recognized by the courts. Second, the custom must follow the continuance test, meaning that it should be in continuous operation without any lawful interruptions. Thirdly, the custom must be reasonable and peaceable enjoyment. In saying this, it means that the customs should not be unreasonable and must have been exercised peaceable, openly and as of right. In addition, customs must be certain. When referring to a custom being certain, it means that the custom cannot exist from time immemorial when it is not certain what it is. The custom should also be compulsory, implying that the persons involved must regard it as binding. Also the custom should be consistent with other customs and not be contradictory to any statute. Finally, the custom should apply to definite locality meaning that they should apply to the things or inhabitants of a particular area. The other type of custom is the general custom that relates to a trade or commercial practice not restricted to a particular locality. When a general custom is placed before the court, it is not required that the custom be in existent since 1189 or confined to a particular locality. However, when a plaintiff uses these customs in a case, they must please it before the court and give evidence towards it. Laws have been around from time immemorial. It is a way to govern a society to protect both the people and the state. If there were no laws on the books, the human race would indeed be in a serious dilemma. Certainly the rate of crime would be through the roof as everyone would be doing there own thing in regards to seeking revenge and committing offences such as stealing. Likewise, if there were no sources of law to govern judges, they could possible take advantage of the system and simply condemn someone because of their demeanor or the way they look in the court room. The classification of law exhausts every possible loop hole to ensure conviction and fairness which ultimately leads to a governed nation.
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An essay on the Various Classifications of Law
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An Essay On The Various Classifications Of Law

Words: 1765    Pages: 6    Paragraphs: 8    Sentences: 80    Read Time: 06:25
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              According to the Oxford Compact English Dictionary, law is, "a rule or system of rules recognized by a country or community as regulating the actions of its members and enforced by the imposition of penalties". Law can be classified in two ways, firstly, civil law and criminal law; and secondly by the legal sources of law. There are several sources of law including The Constitution, Case Law, Legislation and Customs. This paper will discuss and outline the various classifications of law.
             
             
              Criminal law is an offence that is regarded as being against society. This indicates that a person commits a crime that is against morality or social order such as murder of manslaughter. According to Helen J. Bond and Peter Kay, authors of Business Law, criminal cases are cases that are called prosecutions and they are initiated in the name of the State and on behalf of the nation to protect individuals. However, in the Bahamas, a criminal case is initiated in the name of the Attorney General, the Queen or the Commissioner of Police. In addition, prosecution is successful if the accused is found guilty and is liable for punishment which maybe a community sentence, fine or imprisonment. However, if the prosecution is unsuccessful then the accused is acquitted. An example of a criminal case would be the case of John Higgs versus the Attorney General. In this case a crime was committed against society because Higgs had killed his wife with the intentions of trying to keep the murder undercover. This case is classified under criminal law because the case occurred in the name of the Attorney General of the Bahamas and tried in the Supreme Court. Because there is no distinction made between where criminal and civil cases are heard in The Bahamas as compared to England and elsewhere, court hearings take place in one of the many courts in the Bahamas depending on the crime committed, such as the Juvenile Court or the Drug Court. When referring to criminal law, a criminal case is prosecuted by the prosecutor, who must then be able to prove beyond reasonable doubt that the accused it guilty or not guilty. For this to take place there must be sufficient and concrete evidence provided by the prosecutor that will give logical reasoning for the accused guilt. The prosecutor must also be able to make the jury feel that the party accused is guilty and deserving of the verdict that is given at the end a trial. As in the Higgs case, he was later found guilty of the charges made against him and was therefore sentenced to serve a number of years in prison for crimes that he committed. He is presently deceased.
             
              Another type of law is known as civil law. Civil law is basically law of a state outlining the rights of private citizens and is also known as "roman law". Likewise, it is the wrong or dispute that is launched against an individual or it is between individuals. In contrast to a criminal case, a civil case is one that is brought against the courts by private individuals called the plaintiff. A plaintiff is defined as a person who would either be seeking compensation for a loss he or she has suffered or to establish his legal right. In such a case, if the plaintiff is successful against the defendant, he will win damages to compensate him or her for any loss he has suffered or may win a court order, which establishes his or her legal rights. In a fiction case for example of Lisa Johnson and Dave Johnson a couple who has requested a divorce, Lisa seeks a settlement based on the fact that they were married for twenty years and Dave committed adultery. Lisa Johnson is claiming that because of the adultery her family has been divided and therefore she has been left to provide for the four children they have. To prove that her husband was unfaithful, Lisa had photographs and tapped conversation of her husband and his mistress. Based on this case, it is noted that the dispute between two individuals who were married for a certain period. Lisa, being the plaintiff was able to file for a divorce and claim compensation because her husband was disloyal and he had created a risk in the marriage. With the evidence that Lisa provided the court, she was able to win the case causing Dave Johnson to pay a monthly fee of $5,000 maintenance fee and child support for each child. In this case there were two attorneys defending each client's need based on the evidence that was provided.
             
              Law is also classified based on the legal sources of law which may include the constitution, the legislation, case law and customs. Many of the rules of law came into existence because of the colonization of West Indian Territories and the fact that they are based solely on the roots that are in England. The constitution may be defined as the supreme law of the land, or the rules that govern the country. However constitutional law is described as determining the constitution of the state or country including the manner in which the country is organized and the fundamental principles that govern the country. In reference to the constitution, every law or action should be able to stand against the constitution to determine its validity. In article 2 of the Bahamian constitution it is stated; "This constitution is the supreme law of The Commonwealth of The Bahamas and subject to the provisions of this constitution if any other law is inconsistent with this constitution this constitution shall prevail and the other law shall to the extent of its inconsistency be void".
             
              Another source of law is the legislation. The legislation includes all forms of law, which are enacted by pre-established law making organizations of the state or country according to specific procedures. The legislation is not directly dependent on litigation between contesting persons. There are two types of legislations, mainly the statute and the subordinate or the subsidiary legislation. The statute is the type of legislation that is enacted by parliament whereas, the subordinate legislation is that not enacted by lawmakers as superior as parliament and therefore parliament has the authority or power to override the legislation with another statute. However, parliament has the authority to delegate or give power to subordinate law makers who are then able to make regulation, rules, orders - in - council, orders, proclamations and by-laws.
             
              In addition to the constitution and the legislation there is case law. In reference to case law, judges are required to research relevant laws that are applicable to a case and from there, base his decision on available cases that are relative to the case that he must pass judgment. However, a judge is only able to do this if there are no applicable statutes that may be used for a certain case. Case laws are the basis of common law, meaning that they develop from precedent to precedent. Precedents are cases that serve as examples or models for future cases or actions. This infers that cases are based on the principle of law, which they contain, and not so much on the cases itself. Because case laws are dependent on the cases that precede them; this indicates that the judges should have records that are updated, satisfactorily recorded and must be accessible to those needing them. There are two types of precedents, the doctrine of binding precedents and persuasive precedents. The doctrine of binding precedents state that a court is bound to apply to a case, laws or facts as stated in the previous case that is identical or similar in fact. In persuasive precedents, judges tend to analyze factual situations in earlier cases and from their consider the reasoning of the earlier judges before making a decision for a particular case.
             
              The final source of law by which law is classified is customs. Customs is grouped into to categories; local and general customs. Before either type of law can be recognized by the courts it must meet certain rules. Local custom is a usage that has obtained the force of law and is binding within a particular area or place upon the person and things which it concerns. It must first meet certain requirements before it is considered legally binding. First, the custom must have existed from time immemorial which is fixed at 1189, the end of Henry II reign. This implies that no law before the aforementioned time will be recognized by the courts. Second, the custom must follow the continuance test, meaning that it should be in continuous operation without any lawful interruptions. Thirdly, the custom must be reasonable and peaceable enjoyment. In saying this, it means that the customs should not be unreasonable and must have been exercised peaceable, openly and as of right. In addition, customs must be certain. When referring to a custom being certain, it means that the custom cannot exist from time immemorial when it is not certain what it is. The custom should also be compulsory, implying that the persons involved must regard it as binding. Also the custom should be consistent with other customs and not be contradictory to any statute. Finally, the custom should apply to definite locality meaning that they should apply to the things or inhabitants of a particular area. The other type of custom is the general custom that relates to a trade or commercial practice not restricted to a particular locality. When a general custom is placed before the court, it is not required that the custom be in existent since 1189 or confined to a particular locality. However, when a plaintiff uses these customs in a case, they must please it before the court and give evidence towards it.
             
              Laws have been around from time immemorial. It is a way to govern a society to protect both the people and the state. If there were no laws on the books, the human race would indeed be in a serious dilemma. Certainly the rate of crime would be through the roof as everyone would be doing there own thing in regards to seeking revenge and committing offences such as stealing. Likewise, if there were no sources of law to govern judges, they could possible take advantage of the system and simply condemn someone because of their demeanor or the way they look in the court room. The classification of law exhausts every possible loop hole to ensure conviction and fairness which ultimately leads to a governed nation.
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