At the local level, counties and municipal corporations or municipalities may be empowered under a state constitution to issue or issue ordinances. Examples of ordinances include local building codes, zoning laws and misdemeanors, or violations such as skateboarding or jaywalking. Many of the most unusual laws that make headlines from time to time are local ordinances. For example, in Logan County, Colorado, it is illegal to kiss a sleeping woman; In Indianapolis, Indiana, and Eureka, Nebraska, it`s a crime to kiss if you have a mustache. But according to reports, some states still have strange laws here and there. Kentucky law states that every person in the state must take a bath at least once a year, and it is illegal not to do so. Criminal cases are brought by the government through the criminal justice system As a career, law is diverse and versatile. Because there are so many different areas of law, there are hundreds of job opportunities. Lawyers can specialize in everything from contracts to immigration to criminal law. A person can also become a professor of law, while there are also jobs for paralegals, consultants and researchers. The legal system is vast, so there is room for all kinds of skills and expertise.
The fact that the law can be used to cause harm is the ultimate reason why it is so important. Laws are not always beneficial to society or they are only beneficial to a selected group. Governments often use laws to increase their power and punish critics. Laws can also be problematic if they do not address the root causes of a problem and even make it worse. Fines designed to encourage people to obey laws can add up to the point of putting them in debt and criminalizing poverty. The war on drugs is another key example of how laws can harm people. Instead of treating addiction as a public health problem, laws have turned it into a criminal problem. In these cases, laws violate human rights instead of protecting them. Municipalities and counties further define their criminal justice systems through local ordinances prohibiting local authorities responsible for criminal prosecutions that have not been established by the state.
The first group includes countries whose „mixed” system is influenced by both civil and common law. The old uncodified civil law of Holland is the basis of the Roman-Dutch law of South Africa, Zambia, Namibia, Lesotho, Swaziland, Botswana and Sri Lanka; it is characterized by a rich legal literature dating back to Hugo Grotius (de Groot) in the 17th century. But their long contacts with Britain mean that their public law and legal proceedings owe much to the common law. But suppose an employer fired an employee for not committing perjury (lying on the witness stand in a court case); The employer wanted the employee to cover up the company`s criminal or unethical act. Suppose that, as in the previous cases, there are no applicable laws and no employment contract. Courts based on a finding or precedent that „employers may terminate employees for any reason or no reason” could rule against an employee seeking termination compensation because he or she told the truth on the witness stand. Or it could make an exception to the general rule, such as: „Employers can generally fire employees for any reason or no reason without incurring legal liability; However, employers are held legally liable if they terminate an employee who refuses to lie on behalf of the employer in legal proceedings. „The treatment of juvenile offenders is not entirely different from that of adult law enforcement officers, but there are crucial differences. Many adolescents are referred to juvenile courts by law enforcement, but many others are expelled by school officials, social services, neighbors and even parents for behaviors or conditions that require the intervention of the official system of social control. A system of pure customary law is created by the judiciary, since the law derives from case law and not from the law.
Therefore, a common law system places a strong emphasis on judicial precedent. However, a purely civil law system is governed by statutes and not by case law. Scotland, Louisiana, Mauritius and Quebec are examples of private law based on older civil and customary rules (not codified in Scotland) that persist in a common law environment. Israel has its own system, in which the former Ottoman and British mandates are now supplanted by a modern system. It does not have a single constitutional document, but much of modern law combines the great legislative simplicity of the main civil codes with the careful transparency of the common law judgment. The legal realist perspective influenced the emergence of the School of Critical Legal Studies (CLS) thought. The „crits” believe that the social order (and the law) is dominated by those who have power, wealth and influence. Some criticisms are clearly influenced by the economist Karl Marx and also by the theory of distributive justice (see Chapter 2 „Corporate Social Responsibility and Business Ethics”). The CLS school believes that in the past, the rich oppressed or exploited those with less wealth and maintained social control through laws. In this way, the rich maintained an unfair distribution of rights and property in society.
Law is political and therefore not neutral or worthless. The CLS movement would use the law to overturn hierarchical power structures in modern society. Other legal and political systems are very different from the American system, which derives from the traditions of English common law and the framers of the American Constitution. Our legal and political traditions differ both in the type of laws we pass and respect and in the way disputes are resolved in court. On the other hand, procedural laws are the rules of courts and administrative authorities. They tell us what to do if there is a fundamental problem. For example, if you drive fifty-three miles per hour in a forty-mile-per-hour zone on Main Street on a Saturday night and receive a ticket, you have violated a substantial legal standard (the specified speed limit). How the court decides and what is decided is a matter of procedural law. Teresa Harris, who lost in both the District Court and the Sixth Circuit Court of Appeals, here requested a certificate (asking the court to make an order to take the case to the Supreme Court), a motion that is granted less than one in fifty times. In other words, the Supreme Court chooses its cases carefully. In this case, the Court sought to resolve a disagreement between the various appellate courts as to whether a plaintiff can recover damages in a hostile work environment suit without proving „serious psychological harm.” Most modern legal systems can be described as either common law, civil law, or a mixture of both.
Civil law systems are used throughout Europe as well as in Central and South America. Some countries in Asia and Africa have also adopted codes based on European civil law. Germany, Holland, Spain, France, and Portugal all had colonies outside Europe, and many of these colonies adopted the legal practices imposed by colonial rule, as did the original thirteen states of the United States that adopted English common law practices. The idea of providing a country with a single written constitution is relatively modern, but now widespread. In many countries, the constitution follows a decisive event in national history, such as war, revolution or independence. The methods by which a constitution can be changed have both legal and political significance. They may divide the power of amendment between the people, the legislature and the executive, or between a federation and its constituent parts. They can express core values by declaring certain immutable characteristics. Some constitutions stipulate that certain issues can only be changed by referendum or by an entirely new constitution. In federal systems, changes typically require special majorities in the federal legislature, followed by ratification by a special majority of the states.
In the United States, all state procedural laws must be fair, since the Due Process Clause of the Fourteenth Amendment states that no state may deprive a citizen of „life, liberty, or property” without due process. (The $200 fine plus court fees is designed to deprive you of property, i.e. money, if you break the speed limit.) Federal laws must also be fair because the Fifth Amendment to the United States Constitution has exactly the same procedural language as the Fourteenth Amendment.