The law system sees crimes either as felonies or as misdemeanors


Felony and misdemeanor

In the common law system, crimes are either felonies or misdemeanors. Traditionally, a felony is any crime that is punishable by death or by a term of more than one year in prison, and all other crimes are misdemeanors. The difference is important for several reasons. For instance, a crime may make reference to another crime in its definition. Burglary is defined as breaking and entering into a building at night with an intent to commit a felony - not a misdemeanor - inside.

The law may allow or require harsher sentences for criminals who have previously been convicted of more than one felony, but not for criminals who have committed only misdemeanors. Finally, some states may bar convicted felons, after completing their prison sentences, from voting, holding public office, or serving as attorneys. For these reasons, felonies are obviously more serious crimes than misdemeanors, and it is necessary to know the difference between the two types of crime.

Jurisdiction

Jurisdiction is a broad term in law. Literally meaning "to speak the law" or "to say what the law is", jurisdiction refers to the authority of a particular court to hear and decide a case. A court's jurisdiction may be limited in several ways. Juvenile courts, for example, only have jurisdiction in cases involving children under the age of 18. An appellate court may only have jurisdiction to hear an appeal from a trial court, and not the jurisdiction to try a case itself. The courts of one state may only have jurisdiction over criminal offenses committed within the territory of that state.

Jurisdiction can also be used more loosely, such as when a law enforcement officer of one state observes that he or she does not have the jurisdiction to make an arrest in another state, or even when someone refers to two different states or counties as different jurisdictions. An interesting part of the American federal system is that the federal and state governments both have jurisdiction over the same people in the same geographic area. The people of Wisconsin, for instance, are under the jurisdiction of both the Wisconsin government and the United States government, including federal and state laws, law officers, and courts. The same is true in every other state.

Legislative nomenclature

As a proposed law moves through a legislature, it may be known by several different names that describe the different stages through which it passes. A bill, the most general term, is a proposed new law, or change to an existing law, that the legislature is formally considering. An amendment is an alteration made or proposed to be made to a bill. An engrossed bill is a bill that is printed with its amendments included. An enrolled bill is a final copy of a bill that has passed both houses of the legislature and has been prepared for the signatures of the presiding officers of both houses as well as the chief executive (the president or governor). An act is a bill that has completed the legislative process by becoming a law. A statute is an act that has been included in a code. A code is a collection of laws organized by subject.

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Note: This article was sent to us by: Grace R. Adams at 09252010

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