Law is the system of rules that a particular society recognizes as regulating the behavior of its members. It may be created by a collective legislature, resulting in statutes; by the executive, via decrees and regulations; or by judges, in a common law jurisdiction, by judicial precedent (also known as stare decisis). Private individuals can also create legally binding contracts. The law may govern a wide range of activities, from personal relationships to the sale of goods and services. It may determine what constitutes marriage, divorce, child custody and property ownership. The study of law is a source of scholarly inquiry in fields as diverse as legal history, philosophy, economic analysis and sociology.
The practice of law varies widely from one country to another, and many of the key differences are related to the balance of political power between nation-states and their citizens. This power imbalance is reflected in the vast variety of laws that exist around the world. In most cases, the principal function of the law is to prevent social disorder and ensure that all parties act fairly and responsibly. The legal system also plays a critical role in resolving disputes.
While the term law encompasses a broad set of subjects, there are three categories that provide a framework for understanding its most fundamental elements:
Criminal law deals with conduct that is considered harmful to the social order and in violation of a person’s rights, and it provides punishments for such behavior. Civil law, in turn, resolves lawsuits between individuals or organizations. The study of law is also the subject of a great deal of scholarly research in such fields as constitutional and legislative theory, legal history, ethics and sociology.
A legal system may contain a number of different types of court procedures, with some specialized terms that are useful for those who are involved in the practice of law. Procedural law concerns the rules that courts must follow as they hold trials and hearings. Evidence law dictates what kinds of materials are admissible in a trial. A judge may issue a ruling on a case after it has been heard and determined to have merit by the fact finder (judge or jury). The decision is recorded in the court’s docket, which contains brief entries of each phase of proceedings. A court may also hear a case en banc, which means that all members of the judging panel are present, rather than just a small group.
Individuals who wish to become lawyers must undergo a rigorous training and testing process, and they must obtain a professional identity through specific procedures. Lawyers are typically licensed by a government or independent governing body, and they must maintain their professionalism through continuing education and rigorous ethical standards. In most OECD countries, a person can only be called a lawyer after passing a qualifying examination and undergoing the required formal education. They must also be formally admitted to the bar. In some jurisdictions, the bar is administered by a professional association or state bar council.