Question

Local law requires that drivers drive no faster than 45 miles per hour on local roads. The law outlines punishments for those who speed. The penalty increases the faster the person travels above the speed limit. The most severe punishments are for those who travel faster than 20 miles per hour above the speed limit.

Signs post this law on most roads, but some sections of roads are missing signs. Local police stop a man traveling 67 miles per hour. He apologizes and insists that he meant no harm. His wife was having a baby and he was anxious to get her quickly to a hospital. The officer gave

Answer 1

Let's start with the first question. Which of the four choices- constitutional, criminal, civil, or military- have you already ruled out?

Answer 2

yes constitutional

Answer 3

You can also ignore military, since this is definitely unrelated to the armed forces.

That leaves you with civil and criminal. Do you know the primary differences between the two?

Answer 4

criminal laaw

Answer 5

yes civil is something personal and criminal is not

Answer 6

Criminal law is generally applied by the government to an individual, whilst civil law applies between private parties. That definitely makes this a case of criminal law.

That brings us to the second question.

A statute is a law passed by a legislative body, whilst a regulation is something adopted by an agency. A case law is a rule created by precedent of a court case.

Which one of those would you say the speed limit law is?

Answer 7

statute

Answer 8

Good!

The next thing to consider is whether this law is designed to protect safety or rights. In reality, most laws wind up doing both.

Laws against assault, for example, are designed to ensure the safety of citizens. However, because safety *is* a right, the law also safeguards citizens' rights.

If you must pick one or the other, I would lean towards safety. Driving excessively fast is a safety hazard to other drivers (as well as pedestrians).

Answer 9

safety

Answer 10

what about the other 2 scenarios

Answer 11

The second case is an example of civil law, since it's a dispute between two parties.

Do you think the young woman or her neighbor has the upper hand in strictly legal terms?

Answer 12

Good job! @Someguyfromcrowd

Answer 13

yes

Answer 14

so is it a case law

Answer 15

Actually, a case law would be something based off of a previous court case. A good example of this is Marbury v. Madison, which established the concept of judicial review.

This looks like another statute to me, since vehicular ownership is defined by a state law. Do you think it's intended to safeguard rights or safety?

Answer 16

rights

Answer 17

Yup. The last part of that question is mostly opinion-based, so you should be able to fill that out.

Scenario 3 looks a bit different- it involves more than just civil or criminal law. What categories do you think it falls under?

Answer 18

military law and regulation

Answer 19

"Military law" is a bit of a misleading name. It actually governs members of the armed forces, rather than issues related to them.

Since it's against the law to publish classified information, there's some hint of criminal law here. However, I think that the mention of the Constitution is pretty important as well.

As for the law's source, pay careful attention to the first paragraph. It mentions judicial precedent, which points to something other than a regulation.

Answer 20

k