According to criminal law, crimes are offences against the social order. In common law jurisdictions, there is a legal fiction that crimes disturb the peace of the sovereign. Government officials, as agents of the sovereign, are responsible for the prosecution of offenders. Hence, the criminal law “plaintiff” is the sovereign, which in practical terms translates into the monarch or the people.
The major objective of criminal law is deterrence and punishment, while that of civil law is individual compensation. Criminal offences consist of two distinct elements; the physical act (the actus reus, guilty act) and the requisite mental state with which the act is done (the mens rea, guilty mind). For example, in murder the ‘actus reus is the unlawful killing of a person, while the ‘mens rea is malice aforethought (the intention to kill or cause grievous injury). The criminal law also details the defenses that defendants may bring to lessen or negate their liability (criminal responsibility) and specifies the punishment which may be inflicted. Criminal law neither requires a victim, nor a victim’s consent, to prosecute an offender. Furthermore, a criminal prosecution can occur over the objections of the victim and the consent of the victim is not a defense in most crimes.
Criminal law in most jurisdictions both in the common and civil law traditions is divided into two fields:
* Criminal procedure regulates the process for addressing violations of criminal law
* Substantive criminal law details the definition of, and punishments for, various crimes.
Criminal law distinguishes crimes from civil wrongs such as tort or breach of contract. Criminal law has been seen as a system of regulating the behavior of individuals and groups in relation to societal norms at large whereas civil law is aimed primarily at the relationship between private individuals and their rights and obligations under the law. Although many ancient legal systems did not clearly define a distinction between criminal and civil law, in England there was little difference until the codification of criminal law occurred in the late nineteenth century. In most U.S. law schools, the basic course in criminal law is based upon the English common criminal law of 1750 (with some minor American modifications like the clarification of mens rea in the Model Penal Code).
Types of criminal law are: Arrests and Searches, Drug Crimes, Juvenile Law, Drunk Driving / DUI / DWI , Parole, Probation, Pardons, Violent Crimes, White Collar Crimes and Military Law.
Adverse Possession laws differ from state to state. In Virginia, a person can claim ownership of another person’s property if they participated openly and actively in the maintenance of the property without any help, or permission, from the property owner. There are several key factors to claiming adverse possession. One of these factors is in the name of the law: Adverse. The person who is claiming that they own the property due to the adverse possession law must have lived on or maintained the property “adversely,” meaning they did not have permission. For example, if someone farms a piece of land that a farmer let go to waste without talking to the farmer first, and the farmer does nothing to help farm or stop the action, the person who maintained the farmland can claim adverse possession. However, if at some point, the farmer agreed in writing that the person farming his or her land could do so for an indefinite amount of time, adverse possession laws will not apply. The land is now being farmed under what is called permissive use. The farming must take place with adversive use in order for the adverse possession law to apply.
Another stipulation of this law is that the use if the land must be continuous and obvious. The actions taken on the land cannot be hidden. If someone were to drive by the piece of land mentioned before, and can tell that someone is harvesting crops year after year, then the land is being maintained in a manner that is obvious to the public, or to the owner if the owner was to visit his or her land. The adverse possession law imposes penalties on landowners who discard or waste their property. Owning property is considered a privilege and property can be taken away. If a property owner refuses to pay taxes on their land, they are not permitted to retain ownership. Subsequently, if a property owner allows their land to sit fallow or abandoned, the adverse possession law will apply if someone else makes use of the property with the guidelines set forth by the law.
If someone openly maintains a piece of property that they do not own without written permission from the property owner, they must continue the open maintenance of the land for fifteen years in the state of Virginia before they can claim the property as their own under Virginia’s adverse Property Laws. Each state has their adverse possession timeline; California requires open maintenance of land for five years before you can attempt to claim the property as your own, while Maine requires 20 years before an ownership claim can be filed. Whether you are the person who maintained the land, or you are the original property owner, if you are entering into an adverse possession dispute, it is important to contact a property attorney in your state. A property attorney will assist you in knowing your rights as either party as explained by the laws of your state.
As everyday people, I’m sure you know how important it is to understand family law. If you’re asking the question “what is family law”, there are some time proven tips you should follow when searching out information.
See yourself looking through tons of law documents and legal papers. The key secrets are right in front of your face, and after all, there was a reason they have a law library in the first place, and by checking out your local college or law library, you will begin the process of your education.
Having a trust worthy destination to find up to date credible information on what is family law is only the beginning when learning family law. Now that you have decided to study family law its time to focus on what branch interest you. Although eventually the goal is to have a firm grasp in all areas.
It will take some take some time and dedication to your education and none of the your previous bad study habits may continue. Get ready to put 100% of your efforts into making some much-needed changes.
Take it slow when first starting your study plan. When you feel things are starting to make sense, do not rush the situation but let it happen naturally. With some much need time, you will feel the confidence. Have patient and don’t let yourself get discouraged.
Remember to just give it time and things will eventually fall into place. Find yourself full of knowledge from the very start of your research/training. The great thing about all of this is you can train yourself from day one. Go about the new found subject with wisdom and certainty, after all your spending all these hours studying.
You ca find a ton of valuable resources online to help you learn the ins and outs of family law, but watch out for mis-information. always make sure you choose a trusted site. You can download a program called SEOquake which will tell you the ranking of a website you have visited. Look for a page rank of between 3 and 10 and if the site is on the first page of the major search engines.
Taking the time needed to find the right source for information is critical. As different laws pertain to each state in most of cases, it’s very important to get the correct laws for each state. You can find a mountain of credible resources on what family law is if you put in the necessary time.
Have you purchased a vehicle that turned out to be defective? If so, you may be protected by the lemon law, which was designed to protect consumers from defective cars and trucks. It is also possible that it may protect other type of vehicles such an RV or boat.
However, before you can start your claim, you need to gather up some lemon law information. The main reason why it is important to do your research is because the lemon law varies by state. For example, if you live in California, you may be protected for certain things. On the other hand, if you live somewhere such as Arizona, you might not have quite as much protection.
In some states the law is so confusing that people give up. This is not a good idea since you should be compensated for the defective vehicle. There is no need for you to pay for something that was not built correctly.
Besides gathering up relevant information about the laws in your state, you also need to do your homework to find a good attorney. An attorney can not only give you lemon law information and advice, but they can also assist you in gathering up the correct documentation and details.
Having a professional on your side will surely help you succeed, especially if you have to take the case to court. You will also have a lot more luck getting the claim you deserve if you have an attorney on your side. This is especially true if you purchased your car from a dealer and need to fight back against them in order to seek justice.