Law is a set of rules created and enforced through social or governmental institutions to regulate behavior. Its precise definition has long been a subject of debate and is often described as both a science and an art. Regardless of its exact nature, the law influences politics, economics and history in a wide variety of ways and serves as a mediator of relations between people, explains the University of California at Berkeley.
The law may be created by a collective legislature, resulting in statutes, by the executive through decrees and regulations or by judicial precedent, as in common-law systems. It may also be influenced by the constitution, written or tacit, and the rights encoded in it. Often, laws are imposed by those with political power, though revolutions against existing governments and aspirations for democratic rule, greater rights for citizens, and other changes to the way societies are governed are a recurring theme in world affairs.
There are many branches of the law, which can be broadly divided into civil and criminal laws. Civil law deals with disputes between individuals such as the rights of property ownership or personal privacy, while criminal law aims to punish those who break the rules governing public order and safety. A further division is made between common and civil law jurisdictions, although this distinction is not always strictly applied as courts in different systems frequently share similarities.
It is also possible to classify laws as natural or artificial, based on whether they are a product of human thought and choice or whether they grew from natural phenomenon such as gravity. Natural law is considered to be a guiding force in the universe, while artificial laws are created by man.
Despite the broad range of law’s ramifications, there are a few basic concepts that all lawyers and judges must understand. These include the law of precedent, jurisdiction and judgment. The law of precedent states that a previous ruling by a judge must be followed in subsequent cases, unless it can be demonstrated that there are compelling reasons to do otherwise or the case has significantly different facts or issues. This type of precedent is especially important in complex legal areas such as family law or commercial law, where the outcomes of prior cases can have a significant impact on future cases.
Jurisdiction is the authority that a court has to hear and decide a particular case. For example, a federal court is only able to hear cases that arose from actions within its geographic area. A judgment is the official decision of a judge in a court case, and it finally determines the rights and claims of the parties involved. The term “judgment” is also used to describe the decision of a jury in a civil trial. A jury’s verdict must be unanimous to be valid. Finally, a brief is the written statement that attorneys for each side submit to the judge before a case starts to explain why the court should rule in favor of their client.
