The law is a system of rules governing human behavior and enforced by the state or other authority. It has many social and political functions, including keeping the peace, maintaining the status quo, protecting minorities against majorities, preserving individual rights, promoting justice, and enabling orderly social change.
The term law can also refer to the field of legal study, which includes jurisprudence (the philosophy of law), criminal law, and civil law. It can also refer to a specific legal case or controversy, such as a lawsuit. The participants in a legal case are called litigants.
Legal systems vary widely from country to country, and sometimes even within a single country. They develop in a variety of ways, but they generally share some similarities based on historically accepted justice ideals. Some of the most important characteristics of a legal system are: supremacy of law, equality before the law, accountability to the law, transparency in decision making, separation of powers, participation by citizens and other stakeholders, and separation of church and state.
A central idea in the theory of law is the concept of legal rights. The theory defines a legal right as the entitlement to a particular good or service that is owed by one person to another. Lawmakers can create new legal rights by creating legislation or by judicial decisions. People may also acquire legal rights through their own actions, such as by a gift, forfeiture, appointment, or last will and testament.
There are many types of laws, which can be broadly categorized as either substantive or procedural. Substantive laws cover areas such as contracts, torts, property, and family law. Procedural laws, on the other hand, govern the processes of a court case, including the rules of evidence and trial procedure. Examples of procedural laws include jury selection and the process by which a judge decides a case.
A court’s jurisdiction is the geographic area over which it has the power to decide a case. A court’s jurisdiction can be determined by whether it has the authority to hear a particular issue or by the type of case, such as federal or state questions. A court with concurrent jurisdiction can have simultaneous responsibility for different types of cases. Jurisdiction is usually determined by a plaintiff’s choice of venue, but in some cases a defendant can choose a court for a particular case. A judge’s or jury’s determination of the facts of a case is often referred to as “fact-finding.” During a trial, a lawyer for each party will present evidence through testimony and documents. This evidence is often referred to as the “body of proof” or the “facts on which the verdict will be based.” The judge and jurors then decide whether the defendant is guilty or innocent. If a jury finds the defendant guilty, they will then determine the appropriate punishment. During this phase, the jurors will consider exonerating or exculpatory evidence. If they find the defendant not guilty, they will not be required to give their reasons for the verdict.