Functions And Role Of Law In Society

Why Do We Need Law In The Society?

Law is a system of rules and guidelines which are enforced through social institutions to govern behavior. Laws are made by legislatures through legislation or by judges through binding precedents. But why do we need law and what are functions and role of law in society?
Law Books, Functions And Role Of Law

Law is a man-made phenomenon and therefore there is always a choice whether to follow it or not. If you do not follow the law, you will not die, so nature has no bearing on the laws of man. The law is something the human race has created to regulate society by introducing fairness, justice and equality. It is set by courts and governments and applies to everyone within their jurisdiction. There is not an option to opt out. Disobey and there will be consequences.

How can the law help me?

Stabile and fair society is desired for happy and productive life of all individuals. Law performs several functions that are important for the welfare of the society. The functions of the law include:

Defending the society from crime and fraud: The basic function of the law is to help protect us from evil. It will help to protect us from people who are looking for an opportunity to harm us for no apparent reason. Therefore, criminal courts have been created to help judge and pass sentences on people who have been convicted beyond any doubt for having engaged in acts that harmed us. Convicted persons can receive a sentence ranging from several days to a life sentence. On the other hand, civil courts are designed to deal with civil cases. Civil law deals with the disputes and awards compensation to victims. 
Resolve disputes arising from limited resources: As long as you have more than one person living together, be it in a family or community, disputes will often arise in the way limited amount of resources are distributed. Therefore, every community needs a law that will help to resolve such disputes. This will avoid a situation where people are taking matters into their hands to resolve problems. The law ensures peace is sustained in the midst of different opinions.
Promoting common good: The law does not only seek to get the accused to account for their bad and violent actions. People living in a community where everyone is busy pursuing their own self-interest needs a law that will protect their common good. Such a community understands if people acted contrary, everybody would be worse off. Every member in the community must understand when the invisible hand of the law guides them by living life, pursuing their self-interest and the interest of others, the community would be better off. Therefore, a community of self-interested actors needs law to solve 'Prisoner dilemma situations. In addition, the law helps to distribute property into private hands, property that would be exploited by every member of the community and thus preventing a tragedy of common situations arising. The law also prevents the community from acting on the natural desire to revenge for perceived or actual wrongs committed by other people.
Encourage the community to do right: The law plays an important role in encouraging the community to do the right thing. It helps people to appreciate the need of doing right all the time. This explains why many of the laws in most communities contain a large proportion of moral laws - laws that are designed simply and purely to stop members of the community from acting immorally. According to experts, morality is enforced to preserve the society's cohesiveness.

Criminal Law For Beginners

Article About Criminal Law

Criminal law is one of two most important branches of the law (civil law being another). It includes the body of law defining crimes and offenses against the state, and regulating criminal procedures, and punishments for convicted offenders.  Criminal procedure provides the rules governing the investigation of crimes, the prosecution, and adjudication of alleged offenders and the punishment of people who are convicted.
criminal law, shackles, criminal law for beginners

Criminal law is perhaps most well known because of the effects it can have on a society and on an individual if not respected and followed. The consequences are serious and can range from a few months to few years of jail time, to execution in certain states and territories, to things as harmless as council work and community help rendered (which could actually be hundreds of hours of unpaid work).
In most western countries, physical punishment is never handed out, but some Eastern countries have this as a standard response in their criminal law system. Where jail time is warranted, solitary confinement is an option. The length of the incarceration can vary a lot as aforementioned, and it really depends on a number of factors, such as those bearing on 'guilty mind' principles and the extent to which the society has been affected due to the crimes executed. In some countries, life-long imprisonment is not uncommon for serious offenders in the states where the death penalty has been outlawed.

Supervision may be necessary in some instances, and this can be in the form of house supervision (also known as house arrest), with the convicted parties required to conform to certain guidelines as part of parole or probation regimen. Money can be seized and property also. The convicted person or persons have very little say in exactly what is kept and what is taken in by the state of their residence or operation.

What is the goal of the criminal justice system?

Simply put, it is to deter crimes and/or establish punishment for crimes already committed. There are a number of ways punishment is performed:
  • Capital punishment
  • Physical or corporal punishment
  • Incarceration in jail or prison
  • House arrest
  • Parole and probation
  • Monetary fines
  • Community service
Five punishments of enforcement:
  • Retribution
  • Deterrence
  • Incapacitation
  • Rehabilitation
  • Restitution

Actus Reus In Criminal Law

Actus Reus is known as a "guilty act". These undesirable acts need evidence that a crime was committed by an actual action, threat of an action, or lack of an action. In order for this to apply to a crime it needs to have a physical element. Actus Reus applies to dangerous situations due to a result of someone's actions. Strict liability crimes have the possibility of harsh punishment and thus there needs to be valid proof of mens rea (guilty mind).

Mens Rea In Criminal Law

Mens rea is the term for "guilty mind" in criminal law, meaning it was an intentional act to violate the law. However, under criminal, intention and motive are different. Innocent intentions do not undo the criminal intentions. Cases where the offender performs an act knowing it is dangerous are considered to qualify for mens rea. The courts view this as carelessness and if the offender did not know the risks, mens rea will be reduced.

Murder and Degrees Of Murder 

Murder is the most common targeted act under criminal laws. Depending on the jurisdiction, the severity levels for punishment of these offenses varies. Manslaughter is murder without malevolence present, usually committed by provocation or reduced capacity. Some cases where the murder is a result of recklessness may be considered involuntary manslaughter. First degree murder requires intentional murder fueled by hatred.

Public International Law 

Public international laws apply in cases where an entire area or society is affected by an atrocious crime. The history of this law dates back to WW2 with the Nuremberg Trials. These trials paved the path for a future in which an individual who commits a crime on behalf of their government are still held responsible for the crime committed and will not be granted sovereign immunity.

Tips For Seeking Legal Advice

Find Legal Help And Help At Court

Seeking professional advice is the best thing to do if you ever encounter legal problems. Instead of trying to defend yourself, hiring a lawyer to work for you and represent you can prove to be more rewarding. You will be able to prevent more glitches and see more solutions as you rely on the services of an expert.
lawyer, find ,seek, legal advice, legal aid,

Do you really need legal help or advice from a lawyer?

Of course, it is natural for some people to hesitate about the idea of hiring an attorney. Besides, this usually involves a considerable amount of money. This is, however, an important investment you should be willing to make, especially if you want to uphold your rights and/or defend yourself from false accusations.

So, what are the instances when legal aid is necessary? There are many different cases and some of the common issues encountered by clients include criminal charges, domestic violence, family law, immigration matters, and many others. All these examples are crucial that's why they should be properly handled by the right lawyer.
This is specifically true especially if there are already scheduled hearings. Appearing in the courtroom with someone you are very confident about and comfortable with is definitely worth it. You do not want to make the mistake of hiring someone incompetent.

How to find a really good lawyer?

To find the best lawyer to handle your case, you have to do a little research on your own.
You can ask friends, relatives and colleagues for recommendations. Make a special effort to seek advice from those who have experienced similar legal problems in the past. They will be able to point you to reputable resources and that can be a big help for you. In addition, you can also receive warning about lawyers and law firms that provide unsatisfactory services. You will be able to avoid unpleasant experiences in the long run as you use this knowledge for your guidance.

Next, you may also take advantage of the available information found on the internet. These days, it is not uncommon for most law companies to have their own official websites. You can browse these sources so you can get a clearer understanding of the scope and coverage of various firms. Remember that pretty much like doctors, there are different types of lawyers and they specialize in various fields of the job. Your main goal is to look for the right one that matches your needs and suits your interest the best.

While there on the web, pay attention to what other people also say about the company. Never limit yourself to the idea of visiting official sites because there's the tendency that you will find biased information there. By checking out blogs, forums, and social media pages that are related to legal matters, you will find out if there are any complaints or negative feedback about your potential pick.

To sum it up, you need to understand that you can either win or lose a case depending on your choice of attorney. You really have to select carefully so consider the above-mentioned suggestions for your own benefit.

Lawyer On Breaking Bad TV Show

Breaking Bad Criminal Lawyer

Saul McGill, known almost exclusively by his professional alias Saul Goodman, is a fictional character in the American television drama series Breaking Bad on AMC. He is portrayed by Bob Odenkirk and was created by Peter Gould, a writer of the series. Saul Goodman will be the main character of the upcoming spin-off series Better Call Saul.
Bob Odenkirk, Saul Goodman, Lawyer, Attorney, Criminal, Breaking Bad, Better Call Saul

Saul is a criminal lawyer on Breaking Bad. He and can be easily found in the yellow pages of Albuquerque. His made up surname "Goodman" is a play on words to better attract clients: "'S'all good, man!" becomes "Saul Goodman". He is also known for his low-budget television commercials in Albuquerque, where he advertises mainly under the tagline “Better Call Saul!” 

Saul, originally of Irish descent, has had multiple wives in the past, one of whom he caught having sex with his stepfather. At a certain point, he developed a romantic relationship with his secretary, albeit short-lived. As a lawyer, Saul changed his real surname from McGill to Goodman, as he claims his clients feel more comfortable with (that they presume him to be) a Jewish lawyer instead of a generic white guy.

He has a highly stylized office in a cheap strip mall. With a repertoire that includes small-time drug busts, fraudulent insurance claims, class actions, and his overbearing manner, he might seem disreputable to police and certain other lawyers. Despite his shady appearance, Saul is indeed a highly competent extra-legal operator, adept at sniffing out legal loopholes and able to negotiate good deals on the behalf of his clients. He has a strong familiarity with the criminal trade and has connections to some of its most influential distributors, like Gus Fring. He also employs the services of a veteran private investigator named Mike, who respects Saul for who he is, and executes often illegal commands from Saul and Gus such as cleaning up crime scenes and bugging homes. Goodman is also not without integrity as he is shown to honor the ethics of his profession, particularly the attorney-client privilege, and is reluctant to involve himself with violence or murder.

Saul was introduced in the episode "Better Call Saul," following Badger's arrest for selling meth. After his arrest, Walt and Jesse contact Saul, as he is known as a criminal lawyer instead of a "criminal lawyer". Walter hires him to keep Badger out of prison. He soon becomes a regular character on Breaking Bad.

Saul Goodman Short Biography

Saul has a diploma in his office that says he is a graduate of the law school of University of American Samoa with an MA in political science. However, this may not be entirely factual, as the university doesn't exist in the real world.

Saul has had multiple wives in the past, one of which he caught having intercourse with his step-father. At a certain point, he developed a romantic relationship with his secretary. Saul claims he once successfully impersonated actor Kevin Costner. Saul tells Walter "it worked because I believed it,"  pitching the Laser Tag arena as a money laundering scheme.

Saul's loan-out corporation is called Ice Station Zebra Associates, and he assures his clients that the company is "totally legit" and that he uses it for "tax purposes."

Saul Goodman Quotes

"Hi, I'm Saul Goodman. Did you know that you have rights? The constitution says you do! And so do I."
―Saul speaking in one of his TV commercials.

"My real name's McGill. The Jew thing I just do for the homeboys. They all want a pipe-hitting member of the tribe, so to speak."
―Saul explaining his real name to Walt.

"I caught my second wife screwing my stepdad. OK? It's cruel world, Walt. Grow up."
―Saul talking to Walt.

"Seriously, when the going gets tough, you don't want a criminal lawyer... You want a criminal lawyer."
―Jesse explaining Saul to Walt.

"Look, let's start with some tough love, alright? Ready for this? Here it goes: you two suck at peddling meth. Period."
―Saul explaining the situation to Walt and Jesse.

Jesse: "What in the hell just happened? You're MY lawyer, not his!"
Saul: "It's the way of the world, kid. Go with the winner."
—Saul explaining his worldview to Jesse.

Real Estate Contract Law Basics

Real estate law is the name given to the branch of civil law that covers rights to possess, use, and enjoy land and the permanent manmade additions attached to it. Real Estate

What is Real Estate?

Real estate is "Property consisting of land and the buildings on it, along with its natural resources such as crops, minerals, or water; immovable property of this nature; an interest vested in this; (also) an item of real property; (more generally) buildings or housing in general. Also: the business of real estate; the profession of buying, selling, or renting land, buildings or housing."

What is Real Estate Contract?

A real estate contract is a contract for the purchase or exchange of land and property between parties. The contract can cover a purchase, sale, lease, or rental. It can be between two or more parties and is typically in writing. The real estate contract follows normal contract law and legal requirements, and is sometimes known as a land contracts or as a contract for deed. Real estate contracts are typically bilateral contracts (i. e., agreed to by two parties) and should have the legal requirements specified by contract law in general and should also be in writing to be enforceable.

Real estate contract to be enforceable by law must:
  • Identify the parties: The full name of the parties must be on the contract. In a sales contract, the parties are the seller(s) and buyer(s) of the real estate, who are often called the principals to distinguish them from real estate agents, who are effectively their intermediaries and representatives in negotiation of the price. If there are any real estate agents brokering the sale, they are typically listed also as the real estate brokers/agents who would earn the commission from the sale.
  • Identify the real estate (property): At least the address, but preferably the legal description must be on the contract.
  • Identify the purchase price: The amount of the sales price or a reasonably ascertainable figure (an appraisal to be completed at a future date) must be on the contract.
  • Include signatures: A real estate contract must be entered into voluntarily (not by force), and must be signed by the parties, to be enforceable.
  • Have a legal purpose: The contract is void if it calls for illegal action.
  • Involve Competent parties: Mentally impaired, drugged persons, etc. cannot enter into a contract. Contracts in which at least one of the parties is a minor are voidable by the minor.
  • Reflect a meeting of the minds: Each side must be clear and agree as to the essential details, rights, and obligations of the contract.
  • Include Consideration: Consideration is something of value bargained for in exchange of the real estate. Money is the most common form of consideration, but other consideration of value, such as other property in exchange, or a promise to perform (i.e. a promise to pay) is also satisfactory.
As may be the case with other contracts, real estate contracts may be formed by one party making an offer and another party accepting the offer. To be enforceable, the offers and acceptances must be in writing and signed by the parties agreeing to the contract. 

A real estate contract typically does not convey or transfer ownership of real estate by itself. A different document called a deed is used to convey real estate. Deed is written instrument, which has been signed and delivered, by which one individual, the grantor, conveys title to real property to another individual, the grantee; a conveyance of land, tenements, or hereditaments, from one individual to another.

Contingencies are conditions which must be met if a contract is to be performed (e.g. mortgage).

Contingencies that suspend the contract until certain events occur are known as "suspensive conditions". Contingencies that cancel the contract if certain event occur are known as "resolutive conditions".

Most contracts of sale contain contingencies of some kind or another, because few people can afford to enter into a real estate purchase without them. But it is possible for a real estate contract not to have any contingencies.

A typical real estate contract specifies a date by which the closing must occur. The closing is the event in which the money (or other consideration) for the real estate is paid for and title (ownership) of the real estate is conveyed from the seller to the buyer. 

How Do I Find A Good Attorney Online

If you have any complex legal problem and especially one that involves a lot of money, it is smart to have a lawyer. Apart from dispensing information, lawyers offer the much needed advice and apply their skills to all legal problems. An Internet search is a good way to start collecting information about lawyer that can help you.

When you have an urgent or pressing legal matter, you need to find an attorney right away.  With the advent of the internet, it has become easier than ever to locate, evaluate and retain a lawyer.  However, searching for an attorney online is not as easy as typing "find lawyer" or "find attorney."   Instead, locating an attorney that is skilled and affordable takes a little thought and preparation.

Find a Lawyer Online On Lawyer Referral Services
Referral services are a great place to start when you want to find lawyers in your area.  However, you need to understand that, in most cases, the attorney supplied the information used by the referral service.  Most online referral services make their money by offering subscriptions to attorneys to be included in their database.  So, for a monthly fee, the referral service will include the lawyer in their database.  
Now, this does not mean that the information listed is not true, or that the attorney is not competent and well qualified.  Just understand that the referral service is not a source of unbiased information.  Therefore, it should not be the sole means of conducting your attorney search.

Find a Lawyer on Country/State Bar Website

Most non-lawyers advise you to contact your state's bar association or website when advising their readers on how to find an attorney.  However, state bar associations are regulatory agencies, not referral services.  Other than finding lawyers that are board certified, the agency is usually prohibited by law from referring you to a specific attorney.
That being said, your state bar association website can be useful to find a lawyer who is a specialist in a certain practice area (eg: personal injury, criminal, family).  Moreover, it is the primary place where you can determine whether or not your attorney has ever been disciplined or sanctioned for malpractice.
Therefore, your state's bar association should be used to screen a particular candidate after you find attorneys that fit your list of qualifications.
Google, Bing! or Yahoo
Once you have narrowed the field, you can use search engines to screen a particular attorney.  Enter the name of the lawyer or law firm into the search engine and see what comes up.  
If the attorney or firm has a website, you will be able to review the information contained there.  Usually, you will find information about the lawyer's areas of practice as well as any news articles detailing successful resolution of cases or disputes.  But, remember, the information is supplied by the attorney or law firm.  Anyone can purchase a slick website.  Therefore, the lawyer or firm website should not be your only means of conducting an attorney search.
It is the other search results that hold a particular interest.  These other search engine results will usually return news articles about the attorney or his firm and reveal any community activities or organizations that he or she holds a membership.
The Internet Is A Great Tool For Lawyer Search
Learn how to find an attorney correctly by using the Internet so you can minimize the possibility of being deceived or misguided. Instead, use the internet as a screening tool to narrow your choices in your attorney search.  With careful consideration, you can effectively use the internet to find an attorney.