Understanding statutory law

Get Full Essay Get access to this section to get all help you need with your essay and educational issues. Laws passed by the process of running a bill through the House and Senate, getting the required votes to pass it, and then having it signed into law by the Governor or President. For example, the right against self-incrimination is statutory law because it was written into the Fifth Amendment to the U. It is the basis for much of our law and how our governmental bodies function.

Understanding statutory law

You should read the statute in the same way the prosecutor reads it.

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Lawyers are trained to read statutes and determine what the "elements" of the offense are. To do this yourself, you need to take each sentence and break it down into its essential components. For instance, here is a traditional burglary law: The first necessary element of this law is that there be a "breaking and entering".

The second element is that it be a "house of another". The third element is that all this take place "in the night time".

Understanding statutory law

Although this is no longer a part of most burglary laws, this was the traditional way of defining a burglary. The final element you can view as a modification of the fourth. By saying "whether the felony be actually committed or not", the law is clarifying that it is really the "intent" to commit a felony that matters, not the actual commission of the felony.

How Does This Help You? Understanding criminal law, and how to break down a statute, is crucial to understanding your rights and ensuring that you receive a fair trial.

Remember, the prosecution must have sufficient evidence to prove every element of a crime beyond a reasonable doubt in order for you to be convicted. Knowing the elements of a crime you have been charged with can also help you get the most out of the time you spend with your attorney.

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After all, you may know of certain evidence that can directly challenge an element. Also, there are common defenses that are often based on the elements of a crime which may also benefit you if they can be developed early in the process.

Leave the Heavy Lifting to a Professional: Call a Criminal Defense Lawyer Today Understanding criminal law, and how to break down a statute, is crucial to understanding your rights and ensuring that you receive a fair trial.

As unfair as that may seem, it is the way our criminal justice system operates. Next Steps Contact a qualified criminal lawyer to make sure your rights are protected.Understanding Statutory Law Statutory Law: Laws passed by the process of running a bill through the House and Senate, getting the required votes to pass it, and then having it signed into law by the Governor or President.

This is an introductory lesson on federal and state statutes, to acquaint first-year law students with this important form of law. The lesson focuses on the basic structure of statutes and the .

Common Law vs.

Understanding statutory law

Statutory Law Diffen › Legal The laws governing a country or nation are important aspects of its existence and in a way are contributing to its . When does consensual sex between two people turn into statutory rape? To help answer this question it is important to know that – in the case of underage sex – the idea of “consent” is less of a factual argument and more of a defined legal term.

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Age of Consent in Illinois. Understanding Criminal Law -- How to Break Down a Criminal Statute When faced with a criminal charge, it always helps to do your own research and reach an understanding of the statute you have been charged under.

Understanding Statutory Law Statutory Law: Laws passed by the process of running a bill through the House and Senate, getting the required votes to pass it, and then having it signed into law by the Governor or President.

From the foreword by David Neuberger Understanding Legislation provides a practical, accessible guide to interpreting both English and European legislation of all kinds. This book can be used as a first port of call for practitioners and students on all matters of statutory construction. Understanding Statutory Rape Charges In California March 19, Statutory rape laws vary drastically from state to state, but in California, if a person has sex with someone under the age of 18, he or she has committed statutory rape. This is an introductory lesson on federal and state statutes, to acquaint first-year law students with this important form of law. The lesson focuses on the basic structure of statutes and the .
Understanding Criminal Law -- How to Break Down a Criminal Statute - FindLaw