When Do You Use a Motion for Contempt or Enforcement Family Law Florida

Learning Outcomes

• Define law
• Explain the purposes of police force
• Explain "dominion of law"

The Constabulary

Law has been defined as "a trunk of rules of action or deport prescribed by a controlling authority, and having binding legal force. That which must be obeyed and followed past citizens field of study to sanctions or legal consequence is a law."^[1]

Although intended to protect the fundamental rights and liberties of U.S. citizens, the legal organization and its laws are not always readily understood by the average citizen. At what point do we cantankerous that fine line between legal and illegal, and on what basis is that line even drawn in the first identify? Near people understand (and accept) laws prohibiting acts of murder, thievery, physical harm, and financial malfeasance, but at that place are plenty of other laws that might give us intermission. For example, in Minnesota, any game in which participants attempt to capture a greased or oiled pig is illegal. The same laws also prohibits turkey scrambles.^[two] Don't endeavour to substitute a ferret for a hunting dog in West Virginia. Anyone who hunts, catches, takes, kills, injures, or pursues a wild animal or bird with a ferret will face a fine of no less than $100 (but no more $500) and no fewer than ten (but no more than 100) days in jail.^[3] While you may never have considered taking part in a turkey scramble or hunting with a ferret, chances are skilful that you accept broken some law at some time—perhaps fifty-fifty in the concluding twenty-iv hours. Did you exceed a speed limit while driving? Roll through a stop sign at an empty intersection while riding your cycle? Drive to the minimart without wearing your seatbelt? Although unlikely that y'all will be prosecuted and jailed for these minor traffic offenses, the fact is that you broke the constabulary. Why do we have so many laws? Permit's take a closer look at the part of law in society and why laws are created in the showtime identify.

The Purposes of Law

In a society such as the U.s.a., the police informs everyday life in a wide variety of means and is reflected in numerous branches of law. For example, contract law regulates agreements to commutation goods, services, or anything else of value, so it includes everything from buying a bus ticket to trading options on a derivatives market place. Property constabulary defines people's rights and duties toward tangible property, including existent estate (i.e., existent belongings, such equally land or buildings,) and their other possessions (i.e., personal belongings, such as clothes, books, vehicles, and so forth), and intangible belongings, such every bit bank accounts and shares of stock. Tort law provides for compensation when someone or their property is harmed, whether in an automobile accident or by defamation of grapheme. Those are fields of civil police, which deals with disputes between individuals. Offenses against a federal, land, or local community itself are the field of study of criminal police, which provides for the regime to punish the offender.

The law serves many purposes. Four chief ones are establishing standards, maintaining order, resolving disputes, and protecting liberties and rights.

Establishing Standards

The law is a guidepost for minimally adequate behavior in social club. Some activities, for instance, are crimes because society (through a legislative trunk) has adamant that it will not tolerate certain behaviors that injure or damage persons or their property. For case, nether a typical state police, it is a criminal offence to cause concrete injury to another person without justification—doing and then generally constitutes the criminal offence of set on.^[4]

Maintaining Order

This is an offshoot of establishing standards. Some semblance of order is necessary in a ceremonious society and is therefore reflected in constabulary. The law—when enforced—provides order consequent with society's guidelines. Wildlife management laws, for example, (such as West Virginia's prohibition against using ferrets for hunting,) were first passed in an effort to conserve game that had nearly been hunted into extinction during the nineteenth century. Such laws reflect the value society places on protecting wildlife for hereafter generations to savor.^[5]

Resolving Disputes

Disputes are unavoidable in a guild comprised of persons with different needs, wants, values, and views. The law provides a formal means for resolving disputes—the court system.^[6]

Protecting Liberties and Rights

The constitutions and statutes of the The states and its states provide for diverse liberties and rights. One function of the law is to protect these various liberties and rights from violations or unreasonable intrusions by persons, organizations, or authorities. For example, subject to certain exceptions, the Starting time Amendment to the Constitution prohibits the government from making a law that prohibits the freedom of speech. Someone who believes that his gratuitous speech rights accept been prohibited by the government may pursue a remedy by bringing a case in the courts.^[7]

The Rule of Law

What is the rule of law? Aren't laws and rules the same affair? Yous can think of the rule of constabulary as the rules that govern the police force. The rule of constabulary is the legal principle that law should govern a nation, as opposed to beingness governed by arbitrary decisions of individual government officials. It primarily refers to the influence and authority of law within society, particularly equally a constraint upon beliefs, including behavior of government officials. The phrase can be traced back to sixteenth-century Britain, and in the following century, the Scottish theologian Samuel Rutherford used the phrase in his argument against the divine correct of kings. The concept, if not the phrase, was familiar to ancient philosophers such equally Aristotle, who wrote, "Law should govern."

Rule of law implies that every denizen is subject to the police force, including lawmakers themselves. In this sense, the rule of police stands in contrast to an autocracy, dictatorship, or oligarchy, in which the rulers are held above the law. Lack of the rule of law can be found in both democracies and dictatorships, because of fail or ignorance of the constabulary, for instance, and the rule of law is more than apt to deteriorate if a government has bereft corrective mechanisms for restoring it. If you've ever read Alice's Adventures in Wonderland (or seen the movie), and you can recall the Queen of Hearts yelling, "Off with their heads!" at the slightest infraction or offense, you take some idea of what it would exist similar to live in a society that is not governed by the rule of police force.

The dominion of law arrangement in the United states is established in the U.S. Constitution.The U.S. Constitution itself became the law of the land well over two hundred years agone, and the tenets set forth in the document remain in full forcefulness today. The way in which the Constitution is applied, though, has always been subject to courtroom interpretation. As circumstances and public opinion evolve through the years, so too practice the interpretations offered by the courts. From time to time, it even becomes necessary to amend the Constitution to keep pace with changes in the country'south beliefs and values.

Origins of Law

The establishment of a organisation of laws was non invented by the founding fathers of the The states. The idea of written laws goes back to aboriginal Mesopotamian civilisation that prospered long before the Bible was written or the civilizations of the Greeks or Romans flowered. In fact, the oldest known evidence of a law lawmaking is tablets from the ancient city Ebla (Tell Mardikh in modern-24-hour interval Syrian arab republic). They date to about 2400 BCE. However, most scholars credit Hammurabi'southward Lawmaking as the origin of written laws and a formal legal organisation. If you haven't heard of Hammurabi, y'all have certainly heard i of his laws: "An eye for an centre, and a tooth for a tooth." Hammurabi's Code, a collection of 282 laws inscribed on an upright stone pillar, contains many central legal concepts we would recognize in today's legal system. In fact, Hammurabi's reasoning for creating this code is not that far removed from the rationale for our current legal organization. In his preface, Hammurabi writes that he sets forth these laws "to bring nigh the rule of righteousness in the land, to destroy the wicked and the evil-doers; and so that the stiff should non harm the weak."

Check Your Agreement

Answer the question(due south) below to run across how well you empathise the topics covered above. This short quiz does not count toward your grade in the course, and you can retake information technology an unlimited number of times.

Use this quiz to check your understanding and decide whether to (1) study the previous department further or (ii) motility on to the next section.

gauthierstrater.blogspot.com

Source: https://courses.lumenlearning.com/wmopen-introbusiness/chapter/meaning-and-purposes-of-the-law/