Know Your State: The Common Flux Of Common Law
Brian O Sutter
Wrongful Death
For as powerful as federal institutions and agencies are in the United States of America, large parts of both the civil and criminal codes are left to individual states to legislate and enforce. Major laws are generally consistent throughout America – laws such as those which cover murder, arson, and robbery – but even then the details can change from state to state.For instance, according to the common perception of homicide laws, there are two degrees of murder: the first is premeditated and the second is more spontaneous. Below that are several degrees of manslaughter where death is not intended, and lastly there’s justifiable homicide where the death is intentional but for some reason unavoidable.
The Florida Difference
If you happen to live in Florida, this system simply isn’t the case. According to Florida statutes, there are three degrees of murder:
- The first degree covers premeditated killings and anyone killed by someone committing a major felony such as arson, robbery, or kidnapping.
- The second degree covers reckless endangerment outside of a vehicle or watercraft along with anyone killed during a major felony by someone other than the perpetrator.
- The third degree covers most killings outside these major felonies, including some cases where death is not intended.
In addition, there are sections for justifiable homicide, attempted murder, manslaughter and aggravated manslaughter, vehicular and vessel homicides, and a section that classifies “assisted self-murder” as manslaughter, a provision meant to prevent the practice of euthanasia.
This state-by-state approach extends to civil laws, as well. Statutes of limitations, the maximum amount of time you or the state gets to file a lawsuit, can change significantly as you move between state borders. As an example, cases of libel or slander must be filed within two years of the alleged event in Florida, but in its neighbor Georgia you get only one year’s grace. Similarly, Florida gives you four years to file a personal injury lawsuit but Georgia gives you only two.
The Common Approach
There’s an extra complication to the legal code in the American system, and it’s what we call the common law system.
Under common law, the legal code is not the only source of information which a judge or a jury will use to determine the outcome of a trial. They will also weigh legal precedents, the rulings set down in previous cases that were similar to the current one. The rulings of higher courts are particularly important, although these higher courts will also consider the collective rulings of lower courts when making their own decisions.
Legal precedent can cover many important elements of a trial, such as what evidence is admissible and how much a given personal injury is worth, and many parts of the legal code are left intentionally vague so that precedents can fill in the details. This system allows judges to play an active role in shaping the law, and it gives the law some flexibility to account for the unique circumstances of every individual case.
Unfortunately, it also adds several more books to the required reading list of any given case. If you happen to find yourself entangled in the American legal system, either as a plaintiff or a defendant, then not only will you have to educate yourself about the relevant federal, state, county, and municipal laws, you’ll also have to look through possibly decades of rulings from similar cases.
Because of the often complicated nature of our legal system, most professional law firms offer consultations to let you know what your rights are and what to expect if you decide to file a suit. Since laws can change significantly between states and counties, you should always contact the best experts wherever you are.
If you happen to live or work in southwestern Florida, particularly in Sarasota and Charlotte counties, and if you’ve suffered a personal injury here or you need to deal with worker’s compensation or a wrongful death, you should contact All Injuries Law Firm right away to find out what your options are. Our personal injury lawyers will make sure you get every penny you deserve.