Law is an abstract system of laws developed and governed by government or other social institutions to legally regulate behavior, which with its exact definition has been a matter of long-standing debate. It’s been differently defined as the art and science of law. Law is also the subject of many applications, including criminal law. Criminal law deals with crimes against the society and is broadly based on the penal code of a country. Some criminal laws include felonies and misdemeanors. A felony is a greater crime or misdemeanor less severe than a felony.
The legislative and judicial system as well as the people govern the operation of laws and establish their validity through arguments and legal precedent. Government must define laws in order to make sure that government is consistent with the definition provided by the constitution. The legislature is responsible for putting forward a constitution that specifies what laws must be laid down. The courts are established to interpret laws enacted by the legislature. The court system validates laws passed by the legislature and judges are required to apply the law defining the elements of a crime as provided by the constitution and laws. There are limitations on the courts in implementing laws that were passed by the legislature, however.
Law and justice are the fields of study that lawyers are generally specialists in. Lawyers focus on interpreting the law to argue a case and reach a just result. In order to do both, lawyers have to be experts in the particular area they are working in, such as criminal law. They study laws from all aspects of the legal system -jurisprudence (cases taken from the court of common law), statutory law, administrative law, and civil law. The states assign judges and some lower court judges to hear cases that require special situations for presentation to the court.
The role of judges is not only to be watchdogs but also fair arbiters when it comes to the enforcement of laws. When laws are passed by the legislature and cannot be applied in certain situations, such as natural law, the judges must apply universal principles that were specified by the legislature. For instance, if a provision of a law mentioned in the constitution of the United States could be considered discrimination by a general rule, a judge must apply that rule even though that rule does not mention any relation between that provision and any other provision in the constitution. This is called stare decisis.
A similar situation occurs with respect to religion and other fundamental rights that are guaranteed by the constitution. The scope of those guarantees depends on the extent of the power of the legislature. In order to impose laws against freedom of religion, for example, the legislature may pass a law banning prayer or meetings contrary to religion, or a law requiring people to use their particular religions’ symbols in making state contracts or voting. The constitution needs to define the scope of those rights, and in order to do that, judges must interpret the constitution authoritatively.
Finally, the court is not the only entity capable of constraining the legislature. The legislature also has the power to enact laws that are necessary for the protection of the public good. Those laws, generally referred to as public welfare laws, are not necessarily designed to help judges achieve justice, but they can help give the courts an authority to act in certain situations. For example, laws providing for unemployment benefits and minimum wage laws generally allow the courts to order certain types of compensation when the government cannot provide a justifiable reason for refusing to do so. Because the purpose of the welfare laws is to benefit the needy, they often require proof of financial need before allowing people to qualify for benefits. By allowing the courts to decide when a person is not actually receiving an unfair benefit, the laws also allow them to perform a role beyond their role as Justices of the Peace.