What’s OfCounsel.org
It's About You Realizing “Why”
OfCounsel.org provides learners with direct insight into some fundamentals of American and English common law. Resources cover most core topics such as property, crimes, torts, contracts, and constitutional law.
Contracts
Reading & Writing Law
Constitutional Law
A contract is a mutual agreement with consideration.
Constitutional Law
Reading & Writing Law
Constitutional Law
The supreme laws made by societies’ social contracts.
Reading & Writing Law
Reading & Writing Law
Reading & Writing Law
Find ways to read constitutions, statutes, and caselaw.
Criminal Law
Jurisprudence (theory)
A crime is an offense against society (as opposed to the individual). The idea is that the law punishes certain conduct to keep people in that society from engaging in that conduct again. Religion, morals, social norms, and experience help shape what activity governments deem criminal—some being malum in se (evil or morally wrong) and others malum prohibitum (a regulatory wrong, i.e., “wrong” only because the law says so).
Most crimes consist of three constituents (I) a state of mind (mens rea), (II) an act (actus reus), and (III) a result; the exceptions are “inchoate” crimes like conspiracy, which do not require a result.
For example, burglary is a centuries-old crime that had five basic elements in common law: (1) breaking and (2) entering (3) the dwelling house of another (4) during the nighttime (5) with the intent to commit a felony. If indicted, the government would have to prove each of these five elements beyond a reasonable doubt before the defendant may be considered guilty.