Franklin Felon shot and killed two people during a robbery. Why was this act a violation of both criminal and civil law?
Explain the sources of each type of law and provide examples of each: constitutional law, statutory law, common law.
Franklin Felon shot and killed two people during a robbery
Full Answer Section
Common Law:
- Source: Judge-made law based on precedent (previous court decisions).
- Examples:
- The concept of negligence in tort law.
- The rules of evidence used in court proceedings.
- The development of legal doctrines over time through judicial interpretations.
Sample Answer
Franklin Felon's actions constitute violations of both criminal and civil law.
- Criminal Law Violation: Murder and robbery are serious crimes. The state prosecutes criminal cases, seeking punishment for the offender (e.g., imprisonment, fines).
- Civil Law Violation: The victims or their families can also file a civil lawsuit against Franklin Felon for wrongful death. In a civil case, the goal is to obtain compensation for damages (e.g., medical expenses, lost wages, pain and suffering).
Sources of Law
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Constitutional Law:
- Source: The U.S. Constitution and state constitutions.
- Examples:
- The First Amendment guarantees freedom of speech.
- The Fourth Amendment protects against unreasonable searches and seizures.
- The Sixth Amendment guarantees the right to a fair trial.
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Statutory Law:
- Source: Laws enacted by legislative bodies (e.g., Congress, state legislatures).
- Examples:
- Federal laws like the Civil Rights Act of 1964.
- State laws regarding traffic violations.
- Local ordinances regulating zoning and building codes