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Substantive Law

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The substantive justice is written with the statutory provisions adopted by the legislature, which govern how people behave. These rules and regulations that define crime and punishment specified. They define their rights and responsibilities as citizens. These are the elements of substantive law in both criminal and civil law.

Civil law is different from criminal law in that it relates to interactions between citizens. Instead of fighting crime, civil law deals with tort or activities that are not necessarily illegal, but can prove destructive in some way. For example, if you sue a neighbour to cut the tree and allowing it to land on the house, which dealt with the case of tort civil, not criminal fight against crime.

The fundamental right
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Facts: Earl Enmund along with a codefendant at the Florida Supreme Court, was convicted of first-degree murder and robbery as well as given the death penalty. Enmund was not present at the time of the murder, he was in the car waiting for the codefendant to return in order to escape. Under Florida law Enmund was made the aider and abettor meaning that he can be held to the same extent as the principal. Issue: Does the death sentence violate the Eighth and Fourteenth Amendment for someone who did not commit the murder but was the getaway driver? Reasoning:

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While civil liberties help people to avoid government using too much of their power and control people’s lives, civil rights use the help of government to protect them from discrimination. Overall, comparead to civil liberties, civil rights issues are quite straight forward. However, controversy still rounded-up if people’s race or religous get involed in the decision making process in which employing people. One typical example is EEOC v. Abercrombie & Fitch Stores, Inc. The case happened in 2013, when Samantha Elauf, a Muslim woman who was 18 then, got denied for the sales staff position in Abercrombie & Fitch Stores.

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The divisions of a standard national system include courts of individual jurisdictions, trial courts, appellate courts, and the Supreme Court. What is civil litigation? Civil litigation is a dispute between two parties seeking money compensations. What are the most common discovery techniques?

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Mr. Thelaw’s conduct would likely be considered extreme and outrageous when he manipulated Ms. Smartpants emotions in front of the class. Courts have reasoned that a defendant cannot deliberately attempt to manipulate the emotions of a plaintiff, for a perceived advantage over a plaintiff who is susceptible to emotional distress. KOVR-TV, Inc., 37 Cal. Rptr. 2d at 435; McDaniel, 281 Cal.

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Civil rights are those that are granted by a government for the protection of its citizens in respect to guaranteeing fairness and checking discrimination. Civil liberties are the basic rights guaranteed to all citizens in a county without any further

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Civil liberties are different than Civil Rights. Where Civil Rights are to prevent the government from abusing us by treating the people wrong and unequally. The Civil Liberties are there to limit the government power on the people. It is there to protect our freedom. That is why we have our freedom of speech which protects us people from having the government limit what we say.

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Common law are laws that were developed by English and United States judges and are composed of state laws and statutes that are constantly changing with the times (Hall, 2015). Stare decisis are used in courts that state the facts are virtually the same from previous cases and stand by similar cases that have been decided. Precedent is the decision that has been made in that court or of a higher court that the judge must follow because of similar facts and legal issues from previous cases (Hall, 2015). Stare decisis and precedent relate to the common law by guiding the judge in making his or her ruling based off of decisions that have been made from previous cases that are similar to the one they are presiding over.

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Civil liberties are freedoms stated in the Bill of rights that protect the people from unreasonable government interference while Civil rights guarantees protection by the government to protect an individual from another. When the Bills of Rights was made it was not created as a list of guaranteed rights for citizens but simply made to state what things the government was not allowed to interfere with (Steve Mount).Although some may say that the U.S constitution did not need to include a specific listing of civil rights and liberties because it was unnecessary, I would have to disagree. The Bill of Rights is in my opinion not specific enough to protect the rights of the people the way it should. It simply just states what cannot be interfered

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Civil liberties and civil rights are two closely related things but are two separate elements of the U.S. government. The textbook defines civil rights as the “rights related to the duties of citizenship and the opportunities for participation in civic life that the government is obliged to protect. These rights are based on the expectation of equality under the Law” while it defines civil liberties as “Those rights, such as freedom of speech and religion, that are so fundamental that they are outside the authority of the government to regulate.” In legal jargon, they sound very similar, but they differ greatly. The difference between the two is that the government stays out of the lives of the citizens in order to prevent suppressing citizens

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