>>721187592
A) You commit one minor crime, you get a beating. Ideally you learn your lesson and don't do it anymore. You commit again, a harsher beating, and your last chance. Then you get banished if you keep doing it, because you've proven yourself incapable of learning your lesson, you are not a fit for society anymore.
Now the reason we don't bother with beatings for those over 25? Their brains are "fully developed" which means their personalities are set and fixed. They aren't gonna learn any lesson.
So the idea of minor crimes is acting in a way that is detrimental to the tribe. A major crime is something where you are actually causing irreparable harm to the tribe or a member thereof.
We won't have bureaucrats and narrow laws. That envites talmudic "well i'm not techincally breaking any laws" type behavior. If you cheat, steal from, etc. people who are supposed to be your brothers, you are a defective person.
As far as two people in a brawl, absolutely it depends on context. This is a feature not a bug of not having a rigid legal system. Someone who is trusted to make judgements will have to do just that, make a judgement call who, if anyone, is the bad guy. This is gonna come down to the reason for the brawl.
Also we aren't gonna have a state monopoly on violence. We will trust the majority of people to handle things on their own, it won't be a crime to kill someone if we find they deserved killing.