Legal Definitions - law-hand

Law in Action

"Law in action" describes how legal rules and principles are actually applied and experienced in the real world, often differing from their theoretical or written form. It encompasses the practical decisions made by judges, lawyers, police officers, and other legal actors, as well as the social, economic, and political factors that influence legal outcomes. This concept highlights the gap that can exist between the formal rules found in statutes and case law (often referred to as "law in books") and the everyday realities of the legal system.

Here are some examples to illustrate this concept:

• Example 1: Police Discretion in Traffic Stops

  Imagine a state law that mandates a speeding ticket for anyone exceeding the speed limit by more than 5 miles per hour. This is the "law in books." However, a police officer might pull over a driver going 7 miles over the limit but, after assessing the situation (e.g., the driver has a clean record, is polite, and the road conditions are good), choose to issue a warning instead of a ticket.

  This illustrates "law in action" because the officer's discretion and judgment in the field led to an outcome different from the strict application of the written rule. The practical reality of law enforcement allows for flexibility that isn't explicitly detailed in the statute.

• Example 2: Courtroom Scheduling and Procedure

  Court rules (the "law in books") often specify strict deadlines for filing documents, such as a motion for an extension or a response to a complaint. Missing these deadlines can theoretically lead to a case being dismissed or a default judgment. However, in practice, judges frequently grant extensions or overlook minor delays, especially if all parties agree, if there's a reasonable excuse, or if it helps facilitate a fair resolution.

  This demonstrates "law in action" because while the written rules are rigid, the day-to-day operation of the court system involves practical considerations and judicial discretion to ensure justice and manage caseloads efficiently, rather than strictly adhering to every procedural technicality.

• Example 3: Environmental Regulation Enforcement

  A federal environmental statute (the "law in books") might impose severe penalties, including large fines, for any company found to be in violation of pollution limits. However, when a small manufacturing plant has a minor, temporary exceedance of an emission standard due to an equipment malfunction, environmental regulators might choose to work with the company to develop a corrective action plan and timeline, rather than immediately imposing the maximum fine.

  This exemplifies "law in action" because the regulatory agency's practical approach prioritizes achieving long-term compliance and environmental protection through cooperation and remediation, rather than simply applying the harshest possible penalty dictated by the letter of the law.