65

The answer from @user6726 is a good one. But, I'd like to add to it by pointing out that the body of law applicable to an individual is usually much, much smaller than the entire body of law. I'm a lawyer who has been in private practice for almost 25 years with an extreme diverse practice compared to the average lawyer, and I've never even looked at perhaps ...


64

If such conversations are reported, it can place the suspect in a dilemma. Consider a man who appears to have overdosed on illegal narcotics. He is taken to the hospital, and the doctor asks what kind of drugs he took, in order to plan his treatment. If the man thinks that what he says could be used to prosecute him, he might lie to the doctor. Then he ...


28

This is a difficult question in the philosophy of law, which in some views of what "law" is, is outside the scope of law (that's the view that "the law is whatever is enacted by the government" perspective). In what is generally known as the natural law perspective, "what the law is" flows from general moral principles, so you would know that murder is wrong,...


19

In general, ignorance of a law is an excuse only when the law specifically says it is. There are extreme cases where a law has been found invalid because it did not give people enough notice. Actually, only one case I know of -- Lambert v. California, 355 U.S. 225 (1957). The city of Los Angeles passed a law making it illegal for anyone who had ever been ...


15

Who is supposed to teach the law to the citizens? Each individual is responsible for educating himself or herself on the law. That is one condition the individual needs to meet for living in, and preserving, a civilized society. But it is a crucial prerequisite for a government to ensure that its laws are accessible, intelligible, and applied consistently. ...


12

The legal principle that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content is referred to as Ignorantia juris non excusat or ignorantia legis neminem excusat, and there is a nice Wikipedia page about it, which includes exceptions such as: There were, particularly in the ...


10

Malum prohibitum can be defined as An act which is immoral because it is illegal; not necessarily illegal because it is immoral. while malum in se can be defined as An innately immoral act, regardless of whether it is forbidden by law. Examples include adultery, theft, and murder. A side-by-side comparison is given here: Legal scholars have used ...


10

The validity of the execution of a contract is governed by the law of the place where it was signed. A location next to the date establishes that place and hence often, the governing law for the validity of that signature. If the contract does not expressly state what law governs, the contract itself is governed by the law of the place where the last ...


8

Those exceptions exist for England and Wales. Simester and Sullivan’s Criminal Law (2019 7 ed) p. 27. The criminal law is not there solely to tell police and judges what to do after someone offends, but also to tell citizens what not to do in advance. As such, it is not enough for there to be a law in place before people can commit a crime. They ...


6

Law is more like sport than mathematics You don’t know how it will turn out until you play the game. If a case goes to trial it’s because at both sides believe they can win. Both sides probably have good reasons for their belief. At least one of them is wrong.


6

I don't know what you mean by "deal with it". I presume you are not asking how to psychologically cope with the contradiction in conclusions, instead the question is how to evaluate two or more answers, both of which might be wrong. IMO the appropriate question is, what is the best-supported answer. The most important thing to do is not decide that based on ...


5

Yes. In a civil case, there are two parties and the case is about finding out who has which obligations to whom. In a civil case, the plaintiff has to prove that they actually incurred damage through the actions of the defendant. A criminal case is the state vs. the defendant. The "wronged party" is the society as a whole, usually represented by the ...


5

It is short for habeas corpus ad subjiciendum, and refers to "the great writ" in Medieval Latin Praecipimus tibi quod corpus A.B. in prisona nostra sub custodia tua detentum, ut dicitur, una cum die et causa captionis et detentionis suae, quocumque nomine praedictus A.B. censeatur in eadem, habeas coram nobis ... ad subjiciendum et recipiendum ea ...


5

The alternative is the same whether just one lower court or many lower courts ignore SCOTUS precedent. An aggrieved parts will appeal the lower court ruling, and the matter will work its way up the ladder until SCOTUS directly rules on this application of the law. This sort of happens all the time, when lower courts don't apply the ostensive "final ruling" ...


5

In the US it's very simple: How does the party that makes the lawsuit get the money in this scenario? They don't. Winning a lawsuit against a person is a legal confirmation that they really do owe you the money. It also gives you the ability to do certain things to try to collect: you could seize their assets or garnish their wages. If they don't have ...


5

Yes Probate law, consumer protection law and family law spring to mind.


4

The first method of dispute resolution is called negotiation. This is a technique where the parties involved follow a process known as talking to each other to see if they can agree on a resolution. What makes this enforceable is a thing called goodwill. If they cannot agree or if there is insufficient goodwill people can (in some circumstances) ask a court ...


4

This is called a qui tam action. It's a concept that's been around a long time in the English legal system (predating the US), to encourage people to help the government enforce its laws. The more contemporary system is to give private parties the right to sue on their own behalf for some wrong (known as a "private attorney general" system), which is how ...


4

Newspapers often say things that are not technically true by the standards of legal usage, especially in headlines which must be brief. "Legalize" is a popular or political concept, not a legal one. Instead, the legal concept underlying such court actions is that (1) an existing prohibition is unconstitutional, and thus such a law cannot exist, and (2) ...


4

I can't do much better than the opening to Wikipedia's article on this: The contemporary legal systems of the world are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual ...


4

No It says right on the page you linked: These downloads are not public domain, as they are parts of content that has already been licensed and distributed. Although using these downloads may be permissible as long as the project itself falls under the rule of "Fair Use," it is ill-advised to use these downloads for any project intended for profitable ...


4

While an appellate court may have the opportunity to reverse any individual trial judge every few years, I know that trial judges, in their numerous workday rulings, reverse appellate courts every day. Gregory Kellam Scott, “Judge-Made Law: Constitutional Duties and Obligations Under the Separations of Powers Doctrine,” 49 DEPAUL L. REV.517 (1999) (a ...


4

A sufficient explanation would be that the ticketed driver was caught and the unticketed driver was not because the officer was already responding to a situation. Had the officer caught the unticketed driver, he would have ticketed him for the same offense. Courts would accept that it would be impossible for the officer to deal with both offenses at the ...


4

"Reasonableness" is meant to be vague, because what is reasonable in one case or contract or industry is not always reasonable in another. Generally, though, you'll probably find courts interpreting it to take into account normal practices in your geographic area, in your industry, and between you and the other party. If one party looks like they're trying ...


4

As you say, the roommate who was there "did not equate the sound of a running toilet with wasting water". That, I am afraid to say, is negligent: normally, when you hear constantly flowing water, you do something about it. Somebody has to pay for the water, and assuming the water is in your name, that is you. You could yell at the roommate, but legal ...


4

It is certainly possible for the same action to break multiple laws, and be chargeable as multiple crimes. For example, shooting and killing someone may be assault, assault with a deadly weapon, and murder all at the same time. For a different example a person who simply omits to file an income tax return may be guilty of both failure to file a required ...


4

This distinction was once important in English law, and other common-law systems derived from it, because common-law courts felt free to punish a Malum in Se even when there was no relevant statute, while a Malum Prohibitum would be punished only if it violated a specific statute. But today in the US, and to a large degree in the UK and other common-law ...


3

What are the ethical rules that limit interaction between civil and criminal proceedings on the same facts? A private lawyer's job is to look out for the client's interests before the public interest in these cases. In many states, a private lawyer is not permitted to threaten to seek a criminal prosecution to gain an advantage in a civil action. A ...


3

A habeas corpus action is a type of civil lawsuit brought to have a court determine who, if anyone, should have control over a human being ("the body"), which must be delivered to the court (the person who has to have it) upon issuance of a court order to that effect. A court order in such an action is called a "writ" which is a court order directed to a law ...


3

For purposes of criminal law, in practice, airports in the United States are treated as part of the territory of the state (or district or territory) that they are a part of and of the United States. The scope of maritime criminal jurisdiction is defined at 18 USC 7. It states: The term “special maritime and territorial jurisdiction of the United States”...


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