Question 1 - 1(a) Explain fully the types and classification of law. Include, at a minimum, a full explanation of the differences between (b) law and equity, (c) priority rules, and (d) the difference between procedural law and substantive law. (e) What is statutory interpretation? By whom is it used and why? (f) What are the methods used? (g) How does statutory interpretation relate to judges, the constitution and legislators? (h) What limits the power of the courts? (i) How does the court system fit into the structure of government? (j) How are judges appointed in the federal system? (k) Why is this controversial and is there a solution to this issue? (l) What is the relationship between statutes and the constitution and what does that have to do with the courts?
1(a). The primary classifications of law are that of criminal and civil. In Criminal law deals with the broken rules of law regarding the societal laws of the state and federal government. In civil law, there has generally been a violation of private rights for which a remedy is due. Criminal Law falls within Public Law and Civil Law falls within Private Law.1
1(b). In regards to law and equity ? the difference is quite simple. Law means money and equity means a specific remedy. Often the other party is ordered to do something or cease doing something, depending on the situation. Equity decisions have much more flexibility as Law is based strictly on statutes.2
1"Wikipedia: The Free Encyclopeida" http://en.wikipedia.org
2Taylor, Sherry. Lecture Notes, June 2006
1(c). Priority Rules follow suit in that where societal focus lies, so will the priority of rules. Political and social pressures often determine priority rules.3
1(d). The major differenc ...