Love Essay

860 WordsDec 2, 20114 Pages
Week 2 Day 7 Assignment Law as a Living Body Law as a “Living Body” The law on the books term often refers to the written laws. Laws in action refer to the law being handed down during court proceedings and is used by judges, juries, lawyers and attorneys for the state and district attorneys. When law in action is used in courts it comes from the written laws that are on the books. The laws on the books are backed by the United States Constitution. Our Constitution of the United States also has amendments to it, which do constantly get added to. These amendments are also protection and rights for citizens of the United States. Just as the United States has various populations and changing types of crime, the laws have to be amended or changed as well to keep up with the population that is growing in the United States. This is also known as the law as a living body. The common legal law system in the United States is made up of both the written laws called statues and by court precedents which make up a large part of the common laws in a common law system. The objectivity of the American law serves to anchor one of the most important principles of American law- due process. Due Process Due process of the law is the principle that governments must respect of all of a persons legal rights, instead of just some or most of those legal rights. Both the 5th and the 14th amendments of the United States Constitution address a person’s right to due process by law. Procedural due process is essentially based on the concept of fundamental fairness. As constructed by the courts, it includes an individual’s right to be adequately notified of the charges or proceedings, and the opportunity to be heard at these proceedings. There has and continues to be criticism towards the due process that is claimed by criminals who keep using the courts for something to do while

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