Fairness is a goal of the law. Certain basic individual rights and freedoms such as liberty and equality are protected by the law. Consequently, unfair advantage of strong groups and powerful individuals over less influential individuals is a goal to be regulated by the law.
The legal system needs certainty to permit those people that are subject to the law to regulate their conduct. Moreover, decisions to be made according to the law should be legally certain. 
The elements of the legal system in the United States are its origins, characteristics, functions and fields, constitutions and legal codes. The elements of the legal system come together through the jurisprudence of American federal and state courts. The combined elements impact individuals and organizations in our society of the United States.
Origins and Characteristic of the Law and Legal Systems of the United States
The common law is used in all the states except Louisiana. Louisiana uses a civil law legal system, which is common throughout Europe.
In Britain, before there was any consistent law being applied, a system of law imported brought by the Saxons called “common law” was in use. Also known as precedent case law, the common law is the law developed by judges through decisions made in courts...
... middle of paper ...
...pregnancy and childbirth.
All these cases show the social impact of the judiciary in society. These social landmark opinions got started with a formal written statement.
A formal written statement of a party’s claim or defenses to another party’s claim in a civil action is called a pleading. The issues to be adjudicated in the action are listed as the pleadings in a case. 
The rules in the United States are formed into a system to create laws. The elements of the legal system have civil and common law origins. In the United States, characteristics, functions and fields, constitutions and legal codes come together through the jurisprudence of American federal and state courts. The combined elements impact individuals and organizations in our society of the United States. The rights of the individual are the preferred legal direction for society.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Society has rules that govern everything we do. There are rules for the workplace, for games, for social clubs, for sports and for adults. What we should and should not do is told to us by rules imposed by morality and custom. Laws are rules made by the state or the courts. Our behavior is controlled by laws that resemble morality. Laws are enforced by the courts, not by moral rules, and you can pay for damages or go to prison if you break the law. Fairness is a goal of the law. Certain basic individual rights and freedoms such as liberty and equality are protected by the law.... [tags: Law, Common law, United States]
2849 words (8.1 pages)
- “In our daily lives, law affects how we behave or do not behave and possibly some of what we think, and it also governs many aspects of our lives.” (Barkan, 2009) Our legal system is what keeps our country cohesive and running. To evaluate the legal system and how it deals with the numerous things that go through it, one of the four major assumptions of law, its functions and dysfunctions and finally, how the law is defined. One could say that the legal system is corrupt and favors the elites. To better explain, the Ethan Couch case, or the “Affluenza” case will be used as an example.... [tags: Law, Sociology, Judge, Criminal justice]
940 words (2.7 pages)
- In this essay I will endeavour to outline what the intended purpose of tort law is in the Irish legal system and how it has come about over centuries. I will include a brief outline of the meaning of tort law and the different kinds of Tort, I will also include a brief summary of the sister laws of tort, that being criminal and contract law. The word tort is the equivalent of the French word that means ‘wrong’. This word ‘tort’ was derived from the Latin word ‘tortum’, translated this means twisted, crooked or wrong.... [tags: legal issues, english law, normans]
2424 words (6.9 pages)
- In light of recent events and a history of tensions between the police and the public, this research focuses on the ways in which the law and the legal system in the United States functions to protect the public against police violence and misconduct. The Tenth Amendment to the U.S Constitution delegates to the states the power to enact measures to “preserve and protect the safety, health, welfare, and moral of the community.” West 's Encyclopedia of American Law, continues to describe police power “as the basic right of governments to make laws and regulations for the benefit of their communities.... [tags: Police, Police brutality, Law, Police officer]
1515 words (4.3 pages)
- Worldwide, the legal systems of nearly all countries are generally modelled upon five main types: civil law, common law, customary law, mixed or pluralistic law and religious law (CIA, 2015). In the CIA’s listing, Australia’s legal system is described as a “common law system” based on the English model. Historically, the common law system began in England in the 11th century with the establishment of Kings Courts by William the Conqueror. The courts presided over local disputes where local customs were applied to make decisions.... [tags: Common law, Law, Civil law, Judge]
1402 words (4 pages)
- Australia, commercially would be at an advantage if contract law was codified. The common law system which contracts calls home, can only take on so many avenues and limits itself when stretched to cover new areas. There needs to be a national set of laws governing contracts on the commercial front and in general areas to overcome discrepancies across borders. However there still remains inconsistency with consumers, minors and business trade through contracts made online. The digital economy is not only one of the fastest growing areas but is forever changing and is definitely a prospect that needs to be covered.... [tags: legal issues, law system]
1889 words (5.4 pages)
- The intention of this essay is to explain the process of law reform within the English legal system. The way in which the activity of parliament and that of the judiciary affects the way in which laws are reformed in the UK will be also discussed. The common law system in the UK means that the UK's primary legal principles have been developed by the judiciary rather than by parliament. However, as parliamentary sovereignty is an important key principle of the UK constitution parliament is the supreme legal authority in the UK.... [tags: English Government]
1892 words (5.4 pages)
- One of the main differences between criminal cases and civil cases is that they are held in different courts, this is because there is a significant distinction between a civil wrong and a criminal wrong. Crimes are considered to be a type of wrongdoing, however civil wrongs tend to have only an impact on the parties involved in the case. For example: a breach of contract. Where as criminal wrongs tend to have an impact on society itself. For example: a murder, theft or rape. Criminal law is dealt with in the Magistrates court and if very serious in the Crown court.... [tags: Criminal Law Essays]
1288 words (3.7 pages)
- In 2010, the world population was estimated at 6.9 billion of people. 10,1 million of people were in prison. It represents a world population rate of 146 per 100,000 (Walmsley 2010). Some people do some bad things against the society or against other people, and that is why the law is created, it has to punish the bad behaviors. The law is a system of rules that every country decided to implement to fight against crimes and the society’s wicked behaviors generally. There is a very long process to elaborate and vote a law in a country.... [tags: murderer, law, legal system]
1052 words (3 pages)
- The juvenile justice system is a foundation in society that is granted certain powers and responsibilities. It faces several different tasks, among the most important is maintaining order and preserving constitutional rights. When a juvenile is arrested and charged with committing a crime there are many different factors that will come in to play during the course of his arrest, trial, conviction, sentencing, and rehabilitation process. This paper examines the Juvenile Justice System’s court process in the State of New Jersey and the State of California.... [tags: Legal System, Court, Law, New Jersey, California]
1696 words (4.8 pages)