Politics

The proper administration of the law.
There are two forms of administering law. One is Common and the other is federal.
The Common is unwritten, handed down through customs and usage of the people and administered in the Courts according to the rules of the “old” English Common Law.
The federal is Legislative or statutory law, and the rules are administered according to the rules of Roman statutory law.

Both forms of administration are also known as jurisdictions and are actually administered pursuant to two of the three Powers designated by the United States Constitution and can be administered in any Court in any state in the country.
The law is administered in the Courts, and law is basically divided into two broad categories, criminal and civil. These areas may not be combined. The rules of criminal procedure are separate and must remain separate with every case that is heard in a court. California Civil Procedure Code section 32 states:
“When the violation of a right admits of both a
civil and criminal remedy, the right to prosecute
the one is not merged in the other.”
Common Law crimes are those crimes that have been established throughout history as those evidenced by a damage or injury to person or property. These are Judicial in nature and called Mala In Se (crime in fact).
The Legislated crimes, or those actions made into a crime by statute and enforced by the Executive power, are called “public offenses” or mala prohibita (crime prohibited by legislation).
The point here is to recognize that there are two forms of law being administered in this country, and one is by Judicial power and the other is by Executive power claiming Legislative grant of authority.
We must grasp this concept in order to proceed to the next level of understanding. When one uses the word “crime”, the question that arises in my mind is always… Common Law or Statutory crime?