Types of Law Common Law Taking examples of

Types of Law

Common Law �Taking examples of the past �This law follows the rule of precedent �The original case set the pattern for the rest (precedent) �(Roe vs. Wade – precedent setting abortion case)

Roe vs. Wade In 1973 the United States Supreme Court ruled in favour of a woman’s right to have an abortion. They also decided that this right must be balanced against protecting prenatal life and the woman’s health. The resolved that a person has the right to an abortion up to the point of viability (viable being potentially able to live outside the mother’s womb, albeit with artificial aid).

Civil Law �An organized body of rules governing relationships. (Everything that is not Criminal Law) �(ex. contracts, suing, custody laws)

Statute Law �Laws written by the government that are written down. They override common law. �(ex. max. 80 km/h on unmarked grid roads)

Magna Carta �The beginning of statute law �The king had always been viewed as above the law �In 1215 King John was forced to sign the Magna Carta by the nobles which subjected the king to the rule of law �It outlined new judicial solutions �(ex. prevented people from being unlawfully detained)

Criminal Law �Laws against certain illegal activities for public safety. Government must both protect society and the human rights of the accused. �(ex. second degree murder)

Public vs. Private �Public Law – regulates relationships between people and the government �Private Law – regulates relationships between individuals