Running Head Introduction To Law Reflection Question 1 I Fra

Running Head Introduction To Law Reflectionquestion 1 I Franklin

Question 1 (i): Franklin Felon shot and killed two people during a robbery. Why was this act a violation of both criminal and civil law? Scenario: In the given scenario, an individual named Franklin Felon shot and killed two individuals in a robbery. Violation of criminal law: Criminal law is said to be violated when an individual indulges himself in performing an act that is morally wrong. The main reason for implementing the criminal law was to prevent the occurrence of criminal activity as well as compel the perpetrator to pay recompense for the harm he has caused and to atone for his moral wrongdoing (Hernà¡ndez, 2019).

Violation of Civil Law: Reimbursement for damages or losses, as well as the transfer of property and other issues, are common topics in civil cases. In most situations, a convicted accused faces imprisonment and/or penalties, as well as, in rare cases, the death sentence. Civil law is concerned with resolving conflicts between persons and preventing them from escalating into a violent clash. It promotes social cooperation while discouraging exploitative behavior and unethical economic activities (Scalia, 2018). Several activities can be classified as both criminal and non-criminal.

It is a criminal offense to commit robbery, and violence can be both a common and a criminal offense. Franklin Felon intentionally struck and injured two people at the same time, which is a violation of the Penal Code and a typical occurrence. On the other hand, a burglary case establishes your criminal case. He is in charge of both the law and infringement along these lines.

Question 1 (ii): Explain the sources of each type of law and provide examples of each: constitutional law, statutory law, common law.

Constitutions: These are the established framework that defines how well the legislature should function and be organized, as well as how power and responsibilities should be distributed among them. They also serve to protect a country's citizens' rights to freedom. For example, in America's bureaucratic constitution, the first three articles layout and describe the government's structure and degree, while the Bill of Rights, or the first ten amendments, guarantee individual liberties. It serves as a guideline for the administration, stating that every action should be consistent with the constitution.

Statutes: They are effectively formed by the sovereign, ministry, and adjacent lawmaking bodies, which are thus included the elected officials who possess the power to make national laws. The laws must be applied to the facts of the case by the judiciary. A statute can be dismissed or ignored by a court if all of the case's material law translations reveal that the rule is unconstitutional under the Constitution, rendering it irrelevant (Gaità¡n et al., 2018).

Common law: When there is no other option for resolving a matter, common law is used. It pertains to a law that is enacted or classed by an assembly but is implemented by the judiciary according to diverse customs and the legal history of the United States, as well as the periods of reverting back to England's legal construct. In this way, common law can be defined as a part of English law derived from legal precedent and custom rather than statutes.

Paper For Above instruction

In exploring the intersection of criminal and civil law through the case of Franklin Felon, it is essential to understand the fundamental distinctions and applications of these legal systems. Franklin Felon's actions—shooting and killing two individuals during a robbery—constitute severe violations under both classifications, yet they serve different socio-legal purposes and procedures. This paper elucidates why his conduct is a breach of criminal and civil law, examines the sources of legal authority in the United States, and underscores how these legal frameworks operate within the broader system of justice.

Criminal law primarily addresses conduct considered harmful to society as a whole. Its purpose is to maintain order, promote social values, and penalize conduct that disrupts the public peace. The act committed by Franklin Felon falls squarely within criminal statutes because it involves homicide during a robbery—a quintessential example of a criminal offense. According to Hernández (2019), criminal law seeks not only to punish offenders but also to deter others from similar misconduct. By shooting and killing two individuals, Franklin Felon committed acts that are morally wrong and legally punishable, invoking criminal statutes that impose penalties such as imprisonment, fines, or even capital punishment in some jurisdictions.

Conversely, civil law pertains to disputes between private parties—individuals, corporations, or organizations—over rights, damages, and property. In the scenario, Franklin Felon’s act of robbery can also give rise to civil claims from the victims or their families for wrongful death, personal injury, or emotional distress. Civil proceedings aim to provide remedies such as monetary compensation or injunctive relief rather than punishment. Scalia (2018) emphasizes that civil law fosters social cooperation by resolving conflicts before they escalate into violence. Therefore, Franklin’s actions are in violation of civil principles because they cause tangible harm to individuals and society, necessitating civil remedies in addition to criminal sanctions.

The dual application of criminal and civil law in this case underscores their complementary roles. Criminal proceedings are initiated by government prosecutors to establish guilt beyond a reasonable doubt, resulting in penalties that serve public interests. Civil lawsuits, on the other hand, are initiated by victims or their families seeking compensation for damages. Violations like homicide serve as clear instances where these legal systems intersect, reflecting their shared goal of justice but differing procedures and objectives.

Turning to the sources of law, the United States’ legal system derives authority from multiple hierarchical levels, beginning with the constitution, statutes, and common law. The constitutional framework is the foundation that delineates the structure and powers of government and guarantees rights for individuals. At both federal and state levels, constitutional provisions set the parameters within which legislatures and courts operate. For example, the U.S. Constitution’s Bill of Rights protects individual freedoms, shaping criminal and civil procedures (Gaità¡n et al., 2018).

Statutory laws are formal statutes enacted by elected legislative bodies such as Congress or state legislatures. These laws provide specific rules governing areas like criminal conduct, property, contracts, and torts. Notably, statutes like the Penal Code criminalize acts such as homicide and robbery, establishing legal standards that prosecutors apply in criminal cases. Similarly, civil statutes govern issues like compensation for personal injuries or breach of contract, providing comprehensive legal frameworks for civil litigation.

Common law originated in England and continues to influence the U.S. legal system, especially in areas where statutes are silent or ambiguous. It consists of legal precedents established by courts in previous cases and customs that evolve over time. An example relevant to this context is the law regarding 'outraging public decency,' which originated from judicial decisions that created legal standards for certain behaviors. While statutory laws have driven comprehensive updates and codifications, common law retains a vital role, especially in interpreting ambiguous statutes and filling legal gaps.

In conclusion, Franklin Felon’s criminal conduct exemplifies violations that are prosecutable under both criminal and civil laws. The legal system, rooted in a hierarchy of constitutional authority, statutes, and common law, provides mechanisms to address such acts comprehensively. Understanding these sources clarifies how laws function to uphold justice, discipline conduct, and protect individual rights within the American legal framework.

References

• Gaità¡n, S., Herrera-Echeverri, H., & Pablo, E. (2018). How corporate governance affects productivity in civil-law business environments: Evidence from Latin America. Global Finance Journal, 37.
• Hernà¡ndez, T. K. (2019). Latin American racial equality law as criminal law. Latin American and Caribbean Ethnic Studies, 14(3).
• Scalia, A. (2018). Common-law courts in a civil-law system: the role of united states federal courts in interpreting the constitution and laws. Princeton University Press.
• Jennings, M. M. (2021). Introduction to Law. In Fundamentals of Legal Studies. Pearson.
• Sobol, N. L. (2017). Fighting Fines & Fees: Borrowing from Consumer Law to Combat Criminal Justice Debt Abuses. U. Colo. L. Rev., 88, 841.