ABSTRACT

The law serves as a written embodiment of society's norms and morals. It regulates relationships between people in order to ensure fair dealings, e.g., between employer and employee; landlord and tenant, or parties to a contract. Common law became the starting point for American law. States have primary police power, which is the authority to enact and enforce legislation to protect the health, welfare, morals, and safety of the people of the state. Criminal law is the branch or division of law that defines crimes and provides for their punishment. On the other hand, in civil law a person seeks a remedy against their perceived wrongdoer by bringing a civil, or tort, action. The US Constitution and state constitutions specifically prohibit ex post facto laws. Mental capacity is relevant in criminal prosecution at the pre-trial stage, the verdict stage, and the sentencing stage.