Criminal Courts Unit 1 IP
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Kisha Weldon
06/18/2023 CRIMINAL COURTS UNIT 1 IP
An Overview of Common, Civil, and Administrative Law in the U.S. Justice System
Introduction
The American legal system comprises numerous laws, each with a specific function.
Among these, common law, civil law, and administrative law are the three main categories of
law that are generally acknowledged. Each type has distinctive qualities that affect various
aspects of legal practice and help the justice system function. This essay seeks to give a succinct
definition of each sort of law, highlight the major areas they affect, compare the features they
have in common, and contrast one element that they do not.
I. Definition and Area of Influence
Common Law
According to Crash Course (2015), common law is a body of law that has its roots in
England and has spread to numerous nations, including the United States. It is distinguished by
its reliance on case law, legal precedents, and conventions instead of only laws or written codes.
Through the judgments rendered by judges in diverse instances, common law develops and
becomes a part of the legal system, setting precedents that direct subsequent judicial decisions.
These precedents aid in the formulation and application of legal doctrines.
The standard law system strongly emphasizes the principle of stare decisis,
which translates as "to stand by things decided." To provide uniformity and predictability in the
law, this concept mandates that lower courts follow the judgments rendered by higher courts in
like circumstances. In common law jurisdictions, judges have the power to construe laws, apply
legal standards, and provide decisions based on the particulars of each case (Crash Course,
2015). They frequently use prior court rulings as binding precedents or persuasive authority
when making decisions.
Different facets of civil and criminal law are significantly influenced by common law. It
relates to instances involving contracts, torts (such as negligence allegations), property rights,
and personal injuries. Common law principles direct the courts when assessing the rights,
obligations, and remedies available to the parties involved in a dispute.
Civil Law
A legal system known as civil law is based on legislation or codified laws rather than
case law and court precedents. It is founded on a thorough system of legal regulations and
guidelines that handle private disputes between people or businesses (Crash Course, 2015). Civil
law aims to resolve disputes and address the wronged party's rights, responsibilities, and
financial compensation.
The legal system is frequently codified in extensive civil codes that set forth the
overarching principles and regulations regulating diverse fields of law in civil law jurisdictions.
This code acts as the primary source of law and offers judge a framework for applying the law in
particular situations. Instead of using earlier court decisions as binding precedents, civil law
judges must interpret the legislation and apply them to the specific facts of each case.
Areas of influence: Civil law governs a wide range of matters, including contracts,
property, family law, torts, and personal injury cases. It addresses disputes related to individual
rights, obligations, and compensation for harm caused.
Administrative Law
A subset of law known as "administrative law" concerns the rules and guidelines
government and administrative entities put in place. It controls how the government uses its
authority, how people interact with the government, and how laws and regulations are carried out
(Yale Courses, 2015). Governmental organizations, known as administrative agencies, carry out
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and uphold particular laws and regulations within their respective spheres of influence. They are
given the power to formulate rules and regulations, carry out investigations, dispense licenses
and permits, and reach judgments that impact people's rights and obligations as well as those of
organizations.
Administrative law regulates administrative agencies' decision-making processes and
offers a structure for their operation. It describes the rules that organizations must adhere to when
making choices, including giving impacted parties notice and a chance to be heard (Yale
Courses, 2015). Additionally, administrative law specifies the rights and duties of those impacted
by administrative judgments and offers procedures for appealing those decisions to the courts
or administrative appeals bodies.
The areas of influence of administrative law are extensive and touch upon various aspects
of governance and regulation. Some examples include taxation, immigration, environmental
regulations, employment law, healthcare regulations, and licensing. Administrative law ensures
that administrative agencies act within the scope of their authority, adhere to procedural fairness,
and uphold individuals' rights when making decisions that affect them.
II. Comparison: Common Element
Although each kind of law offers a distinct objective, they all want justice and have the
power to deal with legal issues. The main goals of these laws are to support justice, protect
people's rights, and ensure everyone is treated fairly (Yale Courses, 2015). All three kinds of law
help maintain the rule of law, keep society in order, and ensure everyone is treated the same by
the law.
III. Contrast: Element Not Shared
The origins of law and the method by which legal concepts are created are two aspects
that are rare to the three categories of law. In common law, judicial rulings, and legal precedents
—founded on the cumulative experience of earlier cases—are the primary sources of law. This
makes it possible to be flexible and react to changing societal needs. Contrarily, civil law
emphasizes codified statutes passed by legislative bodies, which offer a more extensive and
complex framework of laws and rules. In addition to relying on statutes, administrative law is
further formed by rules, regulations, and decisions issued by administrative authorities,
frequently about a particular situation or subject.
Conclusion
Understanding the many legal systems that make up the American legal system is
essential to understanding the legal system and the areas that fall under its purview.
Administrative, civil, and common law have distinctive features and perform specific roles.
While they all aim to pursue justice, their sources of law and the processes used to produce legal
concepts vary. Understanding these variations and similarities improves our comprehension of
the legal system and its function in managing society.
References
Crash Course. (2015, May 30). Legal system basics: Crash Course government [Video]. YouTube. https://www.youtube.com/watch?v=mXw-hEB263k
Yale Courses. (2015, November 10). Substance vs. procedure [Video]. YouTube. https://www.youtube.com/watch?v=rK05KElGMOs
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