Free Law Opinion Paper Essay Sample
The U.S. Laws consist of different levels of codified and unmodified types of laws. The most important ones are the Constitution and the federal government laws of the United States. The Constitution sets the boundaries for the federal government, which involves the constitutional acts created and ratified in the Congress. The common law was invented by the federal judiciary. The Constitution and the federal laws are the ultimate laws of U.S. The federal law has varied supreme authority formulated in the Constitution. The states unlike the federal constitution has more power of granting their citizens rights. Most of the U.S. laws include the property, criminal, family, procedural, civil, substantive, contract and the tort laws. The U.S. laws originated from the English law, which is the common law that was in the supremacy during the Revolutionary War.
The common law heritage is a kind of legal system that heavily depends on guidelines formulated by juries and court cases instead of the legislatures. It is an English law that was developed after the Norman Conquest that overtook the legal system. The common law was used in making decisions for tort cases (American Bar Association and West Group, 2000). It is different from the criminal law because in tort law, the plaintiff who accuses the defendant of wrong doing receives compensation in case of injuries. The modern common law in America diverged from the English common law. Although various courts are influenced by different ruling systems, the U.S. courts rarely follow the rulings of the post-Revolutionary commonwealth ruling procedures. The U.S. courts developed their own ruling system, but the facts as well as issues of the cases are nearly identical to that of the earlier ruling American court systems.
The court laws were developed as the judicial systems, and they include the civil and the common laws. The civil law is a judicial system developed at first in France, and the later it was developed in England. It started functioning as the inquisitional system in most of the civil law jurisdictions. In the court system, the procedural law governed the regulations through which the court operated, the civil law solved private disputes, and the criminal law solved the cases of law violation (Hutchinson, 2005). The decision for court cases were made by the juries, since King Henry II abolished the specific law and established a common system law. The common law systems started working in making a decision for court cases. The court formalized the legislative laws and since 1812, they have been used as the source for the criminal law. Moreover, during 1787, James Wilson and other six men played a critical role in the constitutional law during the Declaration of Independence.
My opinion is that of all the U.S laws, the hate crimes should not have been included in the U.S laws. Hate crimes are sometimes known as the biased-motivated crimes, especially when an individual or society creates racial or gender inequalities. It is considered as a criminal act which is motivated by bias or it may involve physical assault, sexual harassment or any other abuse. It is intended to prevent biasness or any cases that may lead to violence. Hate crimes are different from hate speech. They enhance penalties due to misconduct, and they are included in the criminal laws. Actually, these laws could have not been included in the criminal law, because they do not cause harm unlike the other crimes such as murder, bribery and many other cases.
The special attention during the creation of laws should be paid to the way of sanctioning, signing, motions and representations of the formulated laws to the court system. These are vital because they will contribute to clear and well presented laws. For instance, if the laws presented to the court are signed by more than one attorney or by more than one party, then some other laws such as hate crimes could have been left out. Moreover, the way laws are presented to the court should be taken into consideration. This is vital since it contributes to legal warrant for legal contentions of the existing laws. Thus, it would create more time for further investigations of the effective laws.