LAW

Law, Tort Law, Criminal Law, Contracts, and Civil Procedures



Law, Tort Law, Criminal Law, Contracts, and Civil Procedures

1. Define the term law and describe the three (3) sources from which law is derived.

Law refers to a system of guidelines and rules that the numerous social institutions enforce in order to govern the behaviors of public and other people. Governments make these laws particularly with the help of their legislatures. The development of these laws may be subject to a verbal or written constitution and the rights determined within. The politics, society and economics in a country are shaped by these laws and they serve the purpose of a social mediator of associations amongst the people (Barker & Padfield, 20020.

There are various sources from which the laws are derived. One of them is precedent. Precedent pertains to the judgments that are conceded by numerous learned jurists which prove to be one of the major sources of the development of law. When a specific point arises and there exists no legislature in varying situations, then the decisions are given by the judges who rely upon their own sensibility of wrong and right and the disputes are solved. These decisions become a guide or an authority for all the proceeding cases of the similar nature. Another source of law includes custom which refers to a rule that has obtained the forces of laws from a long time in a specific district, family, tribe, section, or class. It may not be written and is established with the opinions of the ancestors.

Legislation is also a source of law, which contains the declaration of legal rules given by a competent authority. Legislature alters the old laws, formulates new laws, and has all the rights to cancel the existing laws in any country or state. It has become one of the major sources of law making in the contemporary era. Moreover, statutory interpretation, as a source of law, performs significant function in the court. It is the procedure of determining the meanings of the expressions and letters through the court and is either construction or interpretation. Interpretation applies the whole process by which a particular legislature is sought for meaning by the court and the law is evolved by the judiciary.

2. Describe the four (4) objectives of tort law.

Tort law serves four objectives. First, the law aims to compensate the subjects of injuries that are tortured by the inaction or guilty action of others. Second, the law transfers the cost of such injuries to the people who are legally liable for inflicting them. Third, it aims to put off careless, injurious, and such behaviors that are risky in the future. The law also seeks to support and justify the legal interests and rights which have been diminished, compromised, or weakened (Cornell University, 2012). These objectives are theoretically fulfilled when the liability of tort law is made obligatory on the tort favors for deliberate negligence, wrongdoing, and extremely hazardous ...