Law for Criminal Catchers (Classic Reprint)

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Excerpt from Law for Criminal CatchersLaw may be sub-divided in many different ways, such as civil, and criminal, written and unwritten, common, statute and constitutional. For the purpose of this book we will take the divisions last named, viz: Common, statute, and constitutional.Common law is defined by Firestone as follows: "The common law includes those principles, usages and rules of action applicable to the government and security of person and property, which do not rest for their authority upon any express and positive declaration of the will of the legislature."We might add that common law is unwritten law based on the old English law and has been handed down from generation to generation. It was never enacted into law by any legislative body in this country and has never been officially recognized by any law-making power, but by common consent it has been used in all courts ever since this country first began to have courts. The only cases in which we find common law in a written form are in the records of the decisions of the courts. The decision in one court is usually accepted by other courts in similar cases and thus becomes a law. Common law cannot of course conflict with the constitution and is superceded by any law made by a state legislature or by congress. Common law is accepted in all courts of the United States as being "the" law when it does not conflict with statute law, or law made by congress, or a state legislature.Statute law consists of the laws passed by a state legislature, and are good only in the state in which they were passed.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.