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The Difference Between Civil Law And Criminal Law
Civil law and Criminal law are two very different and separate distinct of law with separate sets of
laws and punishments. According to William Geldart, Introduction to English Law 146 (D.C.M.
Yardley ed., 9th ed. 1984)] "The difference between civil law and criminal law turns on the
difference between two different objects which law seeks to pursue or punishment. The object of
civil law is the punishment of wrongs by restitution only suffers so much harm as is necessary to
make good the wrong he has done. The person who has suffered gets a benefit from the law, or at
least he avoids a loss. On the other hand, in the case of crimes, the main object of the law is to
punish the guilty person and help them not commit same crimes anymore. It is to help them counsel
their problems and help them get out that stage. It also helps prove to the judges that they are not
merely insane and get them out of trouble. [Examples of criminal law include cases of burglary and
assault or even murder when in the other hand examples where civil law happen include cases of
negligence.] The types of punishment for Civil Law is to compensate for any injuries or damages
that have been done, and the types of punishments for Criminal Law is when death penalty is
involved.
Criminal law deals with acts of intentional harm to people and are offences. It is a huge crime to
break into someone's home, because the act not only violates the privacy and safety of people's
homes, it scares humanity because it
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Civil Disobedience: Unjust Law
Civil disobedience is one of the most peaceful ways to protest an unjust law in a free society and
allows individuals to bring a law under public scrutiny. Free societies allow every citizen to make
their opinion known and published, but if an important opinion is published in a smaller newspaper,
it may not receive much attention or consideration. Civil disobedience is necessary because it brings
attention to injustice by actively demonstrating oppression and mistreatment. The phrase "actions
speak louder than words" is common, but not only do actions speak louder than words, but
throughout history they have proven to be the only main way to push others in a society to action.
When Rosa Parks refused to surrender her seat to a white man aboard a bus in Montgomery, she
demonstrated the power of actions and civil disobedience. The power did not lie in Parks' actions
alone, but rather in the unrest that existed in 1955 between races in the United States. The simple
protest made many question the legitimacy of the law in a way that no newspaper article or
emotional speech could. Not only did it raise questions, it sparked action throughout the surrounding
community. Protests were ... Show more content on Helpwriting.net ...
However, in the modern day, civil disobedience has been used to protest in different ways. One of
the most recent examples is the sit–in that happened on the floor of the U.S. House of
Representatives in June, 2016. Several members of the Democratic party organized the sit–in to
push for gun control laws to be implemented. While the members were not being oppressed, the sit–
in certainly brought attention to the issue and showed the power of civil disobedience. While their
actions were not entirely illegal, the sit–in halted government progress for over a day and did raise
awareness to their cause, much like the civil disobedience demonstrated by Rosa Parks and MLK
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Civil Law And Common Law System
VIII–lawyer in civil law and common law system
B–lawyers in civil law systems
When students graduate from law school, if they want to get a license from law firm to practice law,
they have some conditions, but it is different from the common law system. Lawyers still represent
the interests of their clients in civil proceedings, but have a little central role, if we compare the
common law systems, however, their functions commonly contain advising clients on points of law
and preparing legal pleadings for filing with the court, but the importance of oral argument, in–court
presentations and active lawyer in court are minimized when compared to a common law system.
Moreover, non–litigation legal tasks, such as will preparation and contract drafting, may be left to
quasi–legal professionals who serve businesses and private individuals, and who may not have a
post–university legal education or be licensed to practice before courts. If the law student want to
become lawyer in civil law system is different from one country to another country. For example, in
Iraq law school students can become a lawyer after graduation from law school, but they have to
participate in training to get a license, they do not need to take any exam, but in some country that
they have civil law system , a lawyer have taken exam to get a license for example France.
Lawyer in Iraqi civil law system, in Iraq lawyer has different function if we compare with a
common law system when a lawyer hires by a
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The Law And Civil Law
As American citizens it is our duty to follow the laws stated in the American Constitution in order to
maintain our rights to be free. If we fail to follow the laws we lose our rights as free citizens in these
United States. Our Department of Justice mission statement is: To enforce the law and defend the
interests of the United States according to the law; to ensure public safety against threats foreign and
domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment
for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for
all Americans. This just means to keep the United States safe and justified. It is for people who
threaten that need to be punished in order for our country to remain a safe place. Laws are made to
protect and two types of laws are Criminal Law and Civil Law. They both punish wrong doers but
different kinds. Criminal Law is the body of statutory and common law that deals with crime and the
legal punishment of criminal offenses. While Civil Law deals with the disputes between individuals,
organizations, or between the two, in which compensation is awarded to the victim. In terms of
punishment they are different because in Criminal Law A guilty defendant is punished by either
incarceration in a jail or fine paid to the government, or, in exceptional cases, the death penalty.
Crimes are divided into two broad classes: Felonies and Misdemeanors. Defendant can be
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The Differences Between Civil And Civil Vs. Civil Law
Criminal cases our about crimes, or wrongs committed where the government is the plaintiff and
civil cases our about disputes between private parties. Criminal cases can lead to incarceration,
where civil cases can only lead to compensation being awarded. The US judicial system is based on
common law, while civil code traces its origins to the Roman Empire. The differences between
criminal and civil law seems to be about who has been wronged, purpose and possible outcomes and
the source of the law.
The parties been wronged in criminal cases is the government, the entity who has stated the laws
that have been broken. The government is always the plaintiff, which can be described as the party
who makes the complaint. "The government (local, state, or federal) is always the plaintiff (the party
bringing the suit) in criminal cases" (Moore, 2012, p. 11) Hacking into a secure government network
and providing that information to an unauthorized source would be a criminal case in the area of
communication.
In a civil case, the plaintiff can be any private party who has a grievance against another private
party. An example of a civil case in the area of communication is the libel committed when fake
news is disseminated. The party who is wronged brings the case against another private party.
When trying to determine whether or not a case is civil or criminal, one can consider the goal of the
litigation. A criminal litigation's goal is to establish culpability and then discipline the party at fault.
While punishment can include monetary compensation in a civil case, only a criminal case can
result in incarceration or execution. A civil litigation's goal is to resolve accountability of the
defendant and, when accountability is determined to be the defendants, provide compensation to the
wronged party. Civil law or action in this sense refers to that body of law dealing with those cases in
which an individual or legal entity (such as a corporation, partnership, or even governmental
agency) is requesting damages or other relief from another individual or entity. (Moore, 2012, P. 10)
The primary difference in the possible outcomes is incarceration. A civil case will not end in
incarceration, unless there's been some
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Civil Law Essay
Generally, in order for the claimant to be eligible to file a civil case in Federal Court, they must
exhaust all administrative remedies by filing with the EEOC. In addition, the claimant that is
contemplating filing a lawsuit should assess their case for viability and the mandatory criteria. In
fact, evaluation of the claims and knowing the answers to these questions before filing will save the
claimant time and money.
A. Was there a real injury or wrong? A loss of a job, decreased wages, defamation of character,
harassment, mental stress or retaliation and termination for partaking in a protected activity.
B. Jurisdiction. Where will you file your case? Civil Rights cases such as employment
discrimination lawsuits should be filed in ... Show more content on Helpwriting.net ...
Or, if the case is being heard by a jury, the judge may direct the jury to rule in favor a declare a
verdict for the respondent.
G. The Burden of Proof. Can you prove your claim? In civil cases, the plaintiff has the burden of
proving his case by a preponderance or more convincing evidence that is probable truth or accuracy.
The burden of proof is established and coincides with tangible material or facts, the plaintiff's or
witness's testimony; which will go beyond a reasonable doubt.
H. Making a Prima Facie Case Under Title VII
In discrimination cases brought under Title VII, the courts have established criteria that plaintiffs
must meet in order to prove prima facie or "first glance". First, if an employee presents evidence for
each requirement; the employer must counteract and present evidence that proves their decision was
not discriminatory. If an employee can't make a prima facie case or prove with documents, or
verbally from a testimony of an eyewitness; the employer can ask the judge to dismiss the lawsuit.
The elements that prove prima facie or at first glance of a claim of discrimination.
1. The employee is in a protected class (based on their race, gender, and so forth).
2. The employee was qualified for the position, but wasn't hired, even though s(he) met the
requirements for the job.
3. An employee who was terminated must prove that s(he) was able to perform the job adequately
and
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Definition Of Civil Law
Every profession, including the legal field; has its own language or specific terms define procedures,
actions and outcomes. Therefore, in order to gain understanding it is highly recommended that the
pro se' litigant become familiar with these terms. Although, other resources about legal terms are
provided in this teaching; the focus is on civil cases. Therefore, review all the resources included,
but we recommend that the student focus on the terms listed on this page. After–Acquired Evidence:
Is a tactic that former employers and their lawyers use to try and avoid paying the Plaintiff back
wages that they owe. The employer will search in employee's past work history to try and find issues
of negative conduct or a negative reason ... Show more content on Helpwriting.net ...
Attorney–client privilege: A legal privilege that works to keep communications and work–product
documents prepared for litigation secret between an attorney and his or her client. The Attorneys
can't claim work product and attorney–client privilege protection for documents prepared in the
ordinary course of business by the company or employer. (Ex: company records, employee records,
and files) Diversified Industries, Inc. v. Meredith, 572 F.2d 596, 604 (8th Cir. 1977). An attorney–
client privilege only protects the conversation between her and the client and the work he produced
for the trial; not documents prepared by the employer or company in the ordinary course of
business. See work–product doctrine Argument: To reason, rebut or to prove a point or with written
or verbal proof. Attestation: Signing a legal document as a witness, affirming that the information is
given or stated is true. Bad Faith: To enter into any transaction with the intent to deceive or mislead
to gain the advantage or win. Bifurcation: The division of a trial into two phases; liability and a
penalty phase. Black Letter Law: Also known as Black's Law is established, well–known principles
of laws that are not doubted or disputed. Bona fide: In good faith without known defects. Brief: Is a
compilation of documents stating the facts of a case in chronological order along with relevant
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Civil Law In Antigone, By Sophocles
INHUMANE, UNFAIR, UNJUST LAWS.
The play Antigone is fundamentally concerned with conflict that the contrasting belief of
human/state law and sacred law poses. It also addresses the topics of gender rights, family beliefs,
and self–concept of dignity, arrogance, and pride. Polyneices and Eteocles, sons of Oedipus and
brothers to Antigone and Ismene heading opposite sides in Thebes' civil war for the throne, have
both been slaughtered in the fight. Creon, the new ruler of Thebes, has declared that Eteocles will be
given honourable funeral and Polyneices will have his memory disgraced because Polyneices
attacked Thebes in order to retrieve the crown from his brother. The rebel brother's body will not be
sanctified by holy rites, and will lay unburied to ... Show more content on Helpwriting.net ...
He also has threatened death to anyone who disobeys his verdict. Antigone in an illicit meeting
laments Creon's recent decree to Ismene and wants to bury Polyneices' body. She asks Ismene to
help her bury Polyneices, even though to do so would ensure both their deaths stating that Creon has
no right to keep her from her own in defiance of his edict as she wanted her brother to go to greater
beyond that is the afterlife. Ismene contends that despite the fact that she adores Polyneices she must
take after the king's decree on the grounds that she doesn't want to risk the punishment by death.
Ismene refuses because she says that they are women and must not fight with men – men are
stronger and therefore must be obeyed,. Although Ismene declares that her sister lack any power in
the situation, Antigone is hell bend on her
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The Differences Of The English Common Law And Civil Law
Relocating to Germany would mean that the business must consider how the different law systems
will affect them as a business, therefore they must establish the differences between English
common law and the civil law. The English common law is set based on decisions made by the
higher courts, judicial opinion and similar cases which is known as "doctrine of Stare decisis " while
the civil law consists of a "codified set of laws" . The common law involves the judges making the
decisions, setting the precedent, and controlling the conflict between the opposing parties. This
differs to civil law as judges must apply the relevant law to the case and make a judgement based on
that.
The common law is built through judgements made from the higher courts instead of through
statutes or written legislations, this common law system is mainly put into place for similar cases to
receive fair and similar treatments. This means that judges follow how previously decided cases
were treated based on their facts, this is known as judicial precedent. Hence why this is advantage as
these opinions are developed and written at the end of trials which then are set as precedents to
apply to similar cases in the future, this therefore means that individuals receive a fair and equal
treatment. It also assists people with having a better idea on how their cases will be treated
depending on the circumstances. For instance, "R v R [1992]" case where the defendant attempted to
rape his wife, even though
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Civil Disobedience Vs. Civil Law
Civil disobedience is the refusal to act and comply with the current government in protest and
opposition to an act. Thoreau states in Civil Disobedience that he is willing to obey those that "can
do better than I" and states that he accepts the motto "That government is best that governs least"
(196, 177 Thoreau). In this lies a paradox of how much and how far the government should be in
control of people lives and when should citizens step in to assert a communal moral law to the
government. Moral law is the unique ethics and rulebook that each person learns from society. On
the other hand, civil law is the set of laws that the government sets down. As a result of the
uniqueness of moral laws to each individual person, then by nature civil
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Difference Between Common Law And Civil Law
Around the world there are different Criminal Justice Systems to help to keep order in the
jurisdictions to provide a code of conduct which is known as the law. The whole purpose of the
Criminal Justice System is to deliver justice for everyone and this is done by convicting and
punishing the guilty and also to help them to stop offending while also protecting the innocent
(Garside 2008). In different jurisdictions there are even crimes with the same name that have
different definitions. In this essay, England and Wales Criminal Justice System will be looked at
which is formally known as Common Law, Also France's Criminal Justice System will also be
looked at which is known as Civil Law. The differences between the two jurisdictions will be looked
at and also the history of both Criminal Justice systems will also be looked at and also the
punishments between the two jurisdictions. Common Law and Civil Law are contrasted due to
suggesting they have a different understanding of "The State", this will also be looked into to see
why there is a different understanding.
Firstly, the jurisdiction of England and Wales will be looked at and their Criminal Justice System
known as Common Law. The Common Law begins from the traditional and the authority of courts
to identify what law is, even if there is an absence of an underlying statute (Busch 2012). This
shows how in Common Law Tradition, it may include laws such as statutes but it also contains a
body of "Common Law" such as
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Antigone: Moral Law Vs. Civil Law
Moral law versus civil law has been an outstanding issue through history. Numerous novels and
plays have been written about this confliction. In fact, Sophocles wrote his play Antigone about the
difficulty of choosing between moral law and civil law. Throughout the play the
protagonist,Antigone, is firm in her decision by putting her moral beliefs above the civil law.
Antigone decides to bury her brother Polyneices even though it is against the decree of the king. In a
more recent issue Kim Davis, a Kentucky county clerk, believes that she cannot grant marriage
licenses to gay and lesbian couples. Davis states that her faith upholds her from recognizing these
marriages.The novel and the modern day example, both choose moral law over civil law. ... Show
more content on Helpwriting.net ...
At the beginning of the play Antigone decides that her morals are more important than civil law.
When the play starts off, Antigone's brothers have just died in battle against each other. One of her
brother's Eteocles has been given full military honors in his burial. While on the other hand, her
brother Polyneices has been decreed a traitor. Creon declares that no one is to bury Polyneices or
they will be sentenced to death. In this moment, Antigone knows that her moral law should be above
the decree of the king. Antigone shows this when she says, "What Creon says is quite irrelevant. He
is my brother. I will bury him (Sophocles 4)". Antigone is set on the fact that she will bury her
brother even if it is against the law. To her it's what she has to do to honor her brother, no matter
what the consequences. Kim Davis makes this same decision to put her morals above civil law.The
article shows this decision, "Davis had argued that her Apostolic Christian faith prevented her from
recognizing such marriages(Mike Wynn & Andrew Wolfson)". Kim Davis's beliefs do not allow her
to give out marriage licenses. Therefore, she should stick to her morals and not give out marriage
licenses.She should take on a different job that does not require her to do so.Both Davis and
Antigone show that morals are more important than the civil
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Difference Between Civil Law And Criminal Law
Jeremy R. Gorena
June 18, 2017
Writing Assignment 3 Criminal and civil law are both practiced in the United States. By definition,
criminal law is "a formal means of social control [that] involves the use of rules that are interpreted,
and are enforceable, by the courts of a political community.... The function of the rules is to set
limits to the conduct of the citizens, to guide the officials (police and other administrators), and to
define conditions of deviance or unacceptable behavior." (Bohm, Robert M. & Haley, Keith N.
2014, pg. 88 ) Civil law is considered a private matter between individuals and includes such things
as the law of contracts and property as well as subjects such as administrative law and the regulation
of public utilities. (Bohm, Robert M. & Haley, Keith N. 2014, pg. 88 ) The two types of law are
means of social control however, criminal law will include some type of punishment whereas civil
law will include compensation to a victim. Although a difference does exist between the two types
of laws, it is important to understand that a person that commits a crime may have to be present in
criminal court and in civil court. An individual may serve time in jail while also personally paying
the victim a fine as restitution for a crime that has been committed. Criminal laws should possess the
following five characteristics: 1) politicality 2) specificity 3) regularity 4) uniformity and 5) penal
sanctions. If a law possesses these characteristics they
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Common Law And Civil Law
At the global level international law is of great importance and the legal systems such as common
law, civil law, customary law, and theocratic law exist in different countries across the world. There
are about 196 sovereign states in the United Nations Organization and each of the states follows a
legal system created by them or by an agreement in the form of regional treaties and other accords.
Common law: A common law system according to Samii (2011, p. 112) is based on tradition, judge
made precedent and usage. In common law, the past ruling, legal legislation and the explanation of
the statutes is set as precedents for the courts and apply the established practice to a same set of
facts. The law developed through the judgment instead of executive or legislative statutes to a legal
system that rely on constituting a precedent case law (Chand, n, d). Any time when the disputing
parties disagree on what the rule is, Common law refers g any past precedential decisions. The
major difference between common law and civil law system is the doctrine of the precedent in
which court applies the rulings of previous cases in the circumstances the facts are the most similar.
The judge ruling becomes law that is followed by future judges and this is referred as judge made
law, or common law. The legacy followed by Common law is Anglo–American that is widespread in
Canada, the U.S, England, Australia, and New Zealand.
Civil law: According to Samii (2011, p. 112), Civil law is based
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The Rule Of Law In Civil And Common Law Traditions
The rule of law in civil and common law traditions In both the common and civil law traditions the
ordinary function of a court is adjudicative. Courts make findings on disputed questions of fact,
identify and apply the relevant law to the facts as agreed by the parties or found by the court,
consider the legal consequences and award appropriate remedies. Thus, a state that adheres to the
principle of 'rule of law' provides legal certainty to it citizens, to plan their lives with less
uncertainty and protects them from to the law from arbitrary use of state power. The rule of law 'first
and foremost seeks to emphasize the necessity of establishing a rule–based society in the interest of
legal certainty and predictability.' Legal certainty is a central tenet of the rule of law understood
around the world although its meaning differs between legal traditions and nation States. In 2007 at
Potsdam, the G8 Foreign Ministers declared their commitment to 'the rule of law [as a] core
principle on which we build our partnership and our efforts to promote lasting peace, security,
democracy and human rights as well as sustainable development worldwide' and stated that it is
'imperative to adhere to the principle of legal certainty.' Legal certainty in the civil tradition Legal
certainty is a fundamental principle characteristic of the civil tradition and is recognized within the
national legal systems of Europe the European Court of Justice and the European Court of Human
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Civil Law vs Common Law
There are more than 200 nations in the world nowadays, and each has a different set of laws that
govern its people and its relations with the rest of the world. Whereas, international law governs
relations between states, institutions, and individuals across national boundaries, municipal law
governs this same person within the boundaries of a particular state. The comparative law, which is
the study, analysis, and comparison of the different municipal law systems, classifies countries into
legal families. The two widely distributed families are the Romano–Germanic Civil Law and the
Anglo–American Common Law.
This short essay seeks an answer to the differences between two fundamentally different legal
theories or systems. The original ... Show more content on Helpwriting.net ...
The French Code is an evaluate version of the Corpus Juris Civilis because it incorporated the
principle ideas of the French Revolution, including the right to possess private property, the freedom
to contract, and the autonomy of the patriarchal family. With private property, the Code's authors: J.J
Cambacérès and Napoléon consciously attempted to break the old feudal estates of the aristocracy
by prohibiting restraints on the sale of land. The French code joined one of the United State
Constitution mentioning that lawyers couldn't foresee every possible legal eventuality, thus they set
flexible general maxima of justice rather than detailed provisions.
Unlike the French Code The German Civil Code was meant for the use of trained experts. Indeed
because of the Pandectits, the German's Codes' organization and form is incredibly precise and
technical. Sentence structure indicates which party had the burden of proof. However its overall
approach rely on many of the same political and philosophical ideals, notably the "laisser faire"
economics and the autonomous right of individuals. [5]
Moreover separated and apart from the movement of codification of civil or private law occurred the
development of the public law, a constitutional and administrative law.
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Tort Law for Damages Practiced in Civil Law
Tort Law Tort Law has been a Civil Law practiced and used since the beginning of Law, after
mankind first discovered what was right and what was wrong. It is a private or civil wrong for
which damages may be removed and involves; falls at work, work vehicles, and nuisances. It's a
civil law that can be recognized for a law suit. It has a wide range of provisions and can range from
negligence, purposeful, and ethics. Among the types of damages the injured party may recover are:
loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both
present and future expected losses (University). For example, a piece of machinery that is neglected,
not maintained, can break down while a worker is using it and ... Show more content on
Helpwriting.net ...
Other then learning from parents, 5 year olds learn a lot from their peers as well as what they see on
television. A question I would also have on this case would also be does the defendant know the
child personally? Does she know her family? If she knows the family, does she know their financial
situation? Many cases like this one involve people who sue on an intentional battery tort grounds
have had an understanding on the financial situation of the prosecutor. This happens often. If
someone knows that a family is financially stable they at times sue for whatever they can in certain
ways. Anyways, according to the Cornell University website there are many specific torts including;
trespass, assault, battery, negligence, products liability, and intentional infliction of emotional
distress (University). Trespass basically speaks for itself. For example, a lady drives onto a business
property after hours and stays. Whether she intentionally did it or not it is still under the tort act of
trespassing. Assault is a term us Criminal Justice students have learned early on in our schooling.
According to a FindLaw website, assault is as "an intentional attempt or threat to inflict injury upon
a person, coupled with an apparent, present ability to cause the harm, which creates a reasonable
apprehension of bodily harm or offensive contact in another" (Reutors). Assault can come in many
shapes in sizes leaving harmed or unharmed
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Criminal Law And Civil Law
Criminal law is better known about in the U.S. than Civil Law because criminal activity is usually
publicized at a result of it being news and a civil cases are of private matter. In civil law crime is not
the issue, it is when an individual or business (plaintiff) files a lawsuit against another individual or
business (defendant) to seek relief of a situation. Civil suits often deal with estates, property issues,
malpractice, contracts, child support, divorce and other areas. In a civil suit the plaintiff can
represent themselves or hire an attorney. If the plaintiff hires an attorney there are certain steps that
need to be followed. First the plaintiff and attorney have an interview so the attorney can get all the
information and facts regarding the case. If the attorney decides to take the case then they decide on
the retainer fee to get the case started. The next step is the demand letter which the attorney prepares
and the plaintiff notifies the defendant of the action being taken against them. If the defendant
doesn't respond in within the time period or refuses to cooperate then it moves to a trial. After
jurisdiction is decided then the attorney chooses the trial's venue (location). The venue is usually
chosen in favor of the defendant. This is done for convenience and to ensure they will receive a fair
trial. Once the trial starts the attorneys prepare information regarding pleadings, depositions and
discovery information, motions, etc. and any other
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Civil Rights Area Of Law
Civil rights area of law is very interesting as well as a very relevant area of law. Civil rights law is
mostly consist of people's constitutional rights as American citizens. Every citizen of the United
States of America has the right to rights such as freedom of speech, press, the right to vote and the
right to equality in public places (American Institute for Paralegal Studies). This means under the
civil rights act and federal law every citizen is entitled to this rights and it cannot be denied or taken
from by any employer, government agency or any other institution (American Institute for Paralegal
Studies). Court cases when it comes to this area of law vary from racial profiling, invasion of
privacy as well as gay rights and the right ... Show more content on Helpwriting.net ...
The typical tasks that a paralegal performs in this area of law are to assist the attorney with the
client's case. The paralegal job is to initiate initial interviews with potential clients, draft legal
documents for the attorney, analyze the civil right issue that concerns the client and was presented
by the client, to do investigations, do extensive legal research, review documents given by the client
and assist with trial preparation ( American). Paralegals are a very important asset to the attorney
because they perform a lot of tasks that they would have to typically do. They are in charge of
contacting court personnel, interview witnesses that can be a asset to the case. Government
paralegals have the same tasks and additional tasks depending on the issue. They usually help
identify the solve discrimination complaints that are concentrated on sex, race and age. This claims
were made by government employees against the government. Paralegals help government attorneys
with discrimination litigation complaints that were brought by citizens against the government other
American citizens, companies and other specific business
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Common Law And Civil Law
There are two main categories of the legal systems which is common law and civil law. There are
around 80 countries which recognize the common law system. The civil law system applies to about
150 countries. The primary importance in a common law country is case law. Civil law countries
have predominate codified statutes. An important factor to international business is the legal system.
The market attractiveness of a country can be affected by differences in legal systems. Business
practices are regulated by the country's law. Policies are defined as well the rights and obligations in
business transactions. The legal framework for business to be conducted is defined by the country's
government. There will be variances in laws country to country. Sound business decisions can be
made by acquiring knowledge about common laws and civil laws of different countries. Contract
and contract law regulate several business transactions. The jurisdiction process of a common law
system is expensive. The common law system has a greater flexibility. Contract disputes are
interpreted by judges in comparison to the civil law system. The property rights of most countries
are not enforced local authorities. Although most of these countries have laws established to the
protect property rights of investors. There are two ways in which property rights can be violated.
Violations can occur Private action through private action or by public action. Piracy, theft, and
blackmail are all categorized
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Comparing The Differences Between Civil Law And Common Law...
This essay will compare the differences between civil law and common law systems. Firstly, it will
describe what laws and legal systems are and why they are important then how civil law and
common law systems were created and how they are used today, then the main differences between
them.
Laws are rules that individuals and the state must follow if a law is broken sanctions will be brought
and an authority will apply the law. Legal systems are in place so that these laws can be effectively
made, applied and enforced. Main features which a legal system must have would include a way to
make law or legislature where in the United Kingdom parliament creates laws known as statutes. A
legal system also must include laws containing the way in which law breakers are investigated and a
way to interpret a broken law. Also, laws to cover a wide range of subjects including housing,
education, employment and many other aspects within society. H.L.A Hart (2012), cited in OU,
(2017. 1.2) viewed legal systems as a 'union of primary and secondary rules.' Primary laws as being
contract, criminal and employment and secondary laws described as about how the law is managed,
how to enforce, apply and interpret the law this theory is that any legal system needs both primary
and secondary rules.
Civil law system was originally created by the Roman empire, as the empire expanded Emperor
Justinian ordered laws be codified called Corpus Juris Civilis. This was written to cover the
expansion of
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The Law And Civil Law
The concepts of law and justice are interdependent and deeply intertwined. The relationship between
these concepts is able to be perceived through analysis of each independently and then
comparatively. One of the primary questions concerning law and justice pertains to the balance and
importance of natural law compared to civil law. Problems arise when defining what natural law and
civil law are. The identification of natural or civil law as set boundaries provides its own queries.
Along with the identity of these types of law, the existence of natural law is brought into question.
The purpose of both natural and civil law is defined by the purpose of any law. Natural law may be
defined as an unwritten form of rules that dictate man; this ... Show more content on Helpwriting.net
...
Laws may be inviolable; within this instance it is perceived that laws (primarily of nature) exist
without exceptions and if an exception is found, that exception is one where the law does not apply
rather than an act of disobedience. Laws may be general or specific to individuals. The
conceptualization of some laws is perceived to be a creation of God. A law may be man–made, but
not all are. Laws are not always absolute, but they are set to be followed. The kinds of laws are
defined differently by different writers. Adler states that the "division of law into civil law . . . and
natural law is not of Greek but Roman in origin." The definitions of natural and civil law stem from
the basic alterations in the explanation of what law is and how laws are created.
Natural law, or a law of nature, may be defined as "a precept or general rule, found out by reason, by
which a man is forbidden to do that which is destructive of his life, or taketh away the means of
preserving the same." Natural law is not a law made by man. The purpose of natural law is to
endeavor to obtain peace. As discussed by Hobbes, natural law is similar to justice in that it may
only be relevant to men in a civil society. Through his viewpoint, natural law does not apply to men
outside of a Commonwealth due to the natural tendency for men to live in a state of war and selfish
intentions.
The idea of natural law only existing amongst a
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A Prosecutor On Civil Law System
A–Prosecutor in civil law system
The Public Prosecution has two major functions, which are to file criminal actions when acting as
public prosecutors before a criminal court and the right to initiate actions even if the plaintiff has
relinquished his right to do so, public prosecutors exanimate crimes, visit crimes' scenes, question
the accused, issue search warrants, and order the imprisonment of the accused on the account of a
crime for a period of fifteen days prior to trial or prosecution. Moreover, joining the public
prosecution is the way to becoming a judge in the Court of First Instance, the Court of Appeal, and
the Court of Cassation. Nevertheless, some members of the Public Prosecution remain within the
latter and get promoted to District Attorneys, Attorney Generals, and potentially qualify for the post
of the Head of the Public Prosecution.
Prosecutor has different role and position in those countries that they practice civil law system.
Contrary to the sitting judges who are totally independent, public prosecutors are under the authority
of the minister of justice, the minister of justice conducts the policy of prosecution determined by
the Government. The public prosecutors are considered to embody one single person since they act
in the name of the prosecution service as a whole. As a consequence, the members of the Public
Prosecutors Office can replace each other mutually, including during the judgment phase of a case,
the
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The Law And Civil Law
Respondeat Superior What is Respondeat Superior? It is a legal doctrine and actually is Latin for 'let
the master answer' which states that, in many circumstances, an employer is responsible for the
actions of employees performed within the course of their employment. This rule is also called the
master–servant rule, recognized in both common law and civil law jurisdictions
When applied to physical torts, an employer–employee relationship must be established (meaning
that no vicarious liability is established for work performed as an independent contractor) and the
act must be committed within the scope of employment (i.e., substantially within time and
geographical limits, job description and at least with partial intent to further ... Show more content
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In this relationship, the principal becomes liable for the actions of the agent even if the principal did
not commit the act. There are three considerations generally:
1. Was the act committed within the time and space limits of the agency?
2. Was the offense incidental to, or of the same general nature as, the responsibilities the agent is
authorized to perform?
3. Was the agent motivated to any degree to benefit the principal by committing the act?
The degree to which these are answered in the affirmative dictates the degree to which the doctrine
can be applied. Common law distinguishes between civil and criminal forms of respondeat superior.
Medical malpractice is a form of Respondeat Superior. It is an act of negligence or omission
committed by a healthcare provider that causes death or injury to a patient. However healthcare
professionals can get insurance to help with these cases.
Medical professional liability insurance, sometimes known as medical malpractice insurance, is one
type of professional liability insurance. Professional liability refers to liability that arises from a
failure to use due care and the standard of care expected from a person in a particular profession, in
this case a doctor, dentist, nurse, hospital or other health–related organization.
Example one, Johnson alleged that Stannard, her doctor, and Harmony Health Plan , his HMO, were
liable for the negligent and late diagnosis of her tongue cancer.
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Civil Law Just Or Unjust
The law of nature requires things to be in constant balance; meaning where there is good, there is
bad, and inverse. The two will always overshadow each other because they cannot exist without
each other. It applies to whether the law is just or unjust, because the law is always evolving with. It
is evolving and adapting to the current time we are in because it was pushed and challenge by
citizen in quest of trying to achieve relevance. Sometimes the law changes because of the protest
from the citizens as it is being applied to them. Which leads to a consideration of the "justness" of
civil disobedience as it forces people to pay attention force change to the laws.
As citizens of a democratic society we have the rights or rather responsibility ... Show more content
on Helpwriting.net ...
Tension is sometimes needed to force lawmakers and policy influencers to come to table for
negotiations. Just as Martin Luther King, jr was "fighting for segregation", their non violent protest
help to create enough noise to emphasis that people they do notice how oppressed they are and
change is needed (Kessler 209). That justifies civil disobedience as it was done within the bounds of
the law. Even Socrates when he was in jail discussing whether he should escape or stay and face his
fate of death sentence he said, "Now that misfortune has come upon me, I cannot put away my old
beliefs. The principals I honored and revered..." (Kessler 201) He still had respect for the law even
though it was unjust his case. He believed that there is always a way to influence change without
causing
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Divine Law And Civil Law In SophoclesAntigone
Antigone, daughter and sister of Oedipus, believes to live a fated life. When her brother Polyneices
is denied a burial by the King of Thebes, Creon, Antigone gets in trouble for following the laws of
the gods. Her choices get her sent away and eventually lead to her death. In Sophocles play,
Antigone, the characters show clashes between divine law and civil law, with the divine law having
a bigger impact in the play.
Characters who follow civil law tend to be afraid of punishment by the government leaders. As
Ismene states, "You just said the new law forbids it." (Sophocles Pro.32), she wants to avoid any
type of negative encounter with Creon or the government. She does not want herself, or Antigone, to
get in trouble. This was Ismene's way of showing her belief in civil law. By her fearing the
punishment she may face if she breaks the laws, she chooses not to do what is right by the gods. In
her denial of divine law, she believes that it is Polyneices' fault that he is forbidden a burial. In her
opinion, Polyneices chose to become a traitor to the city of Thebes, therefore Ismene will not put her
own freedom in jeopardy over his mistakes. Those who follow civil law have a greater respect and
appreciation for civil leaders and local governments than the gods. Creon, being a leader, would
rather have all his citizens follow the laws he puts in place in order to create a less rebellious society.
If the people of Thebes all a bigger faith in divine law, the city would fall to
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The Tort Law Is A Form Of Civil Law
Tort Law is a form of Civil Law and is different than Criminal Law, as it does not seek to punish the
wrongdoer, but rather to pay damages to remedy a wrong. A Tort cannot happen without harm
occurring. One who has committed a Tort has broken a law against an individual. Typically,
damages are paid to the individual in order to make them "whole" and in an effort to make good on
their wrongdoings. A tort law can fall into the following categories, intentional, strict liability, or
negligence. An intentional tort is one that is intentional or deliberate in nature. Examples of
subcategories of intentional torts are assault and battery, false imprisonment, and inflicting
intentional mental distress. Assault and battery is often a result of corporal punishment in schools.
This means that physical punishment has been used as a means to discipline the children in schools
and is still legal in some states, but not Pennsylvania. In assault and battery, assault is the threat and
battery is the impact that is made. False imprisonment is the physical containment of another person
or intimidation (sometimes verbally) that confines another person. In schools, physical restraint
should be reserved for only those times when an individual presents as a threat to others or
themselves. Infliction of intentional mental distress occurs when a person causes another mental
anguish in a manner that is considered extreme. Strict liability is an intentional tort and it is when a
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Difference Between Civil Law And Criminal Law
What is the difference between criminal and civil law? What is a tort? What are three forms of
product–liability cases that can be formed due to a manufacturer's negligence? And what is a
warranty? These are all important questions that are answered by having a basic knowledge of the
law and regulations. Let's take a look at each term and how our legal court system has defined them.
First, criminal law is a crime and considered a type of wrongdoing. It can be against an individual or
to society as a whole that is perceived as threatening, harmful, or otherwise an endangerment to a
person's property, health, safety, and/or moral welfare. We define these crimes as assault, battery,
arson, rape, or fraud, just to name a few. Therefore, if a person allegedly has committed a crime, a
public official such as a district attorney, will file a case against a defendant, whom is then required
to appear in court. The defendant then will need to appear before a judge or jury and based on the
evidence presented a finding will be either innocence or guilt. If a defendant in a criminal matter is
found guilty, our society believes that a defendant should serve a punishment for their wrong doings.
Therefore, punishments for the wrong doer are either fines, probation, imprisonment, or in some
cases even death. Second, civil law is an injury to a person or property in which a civil action begins
when a party files a complaint. For example, a civil matter could be a breach of
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Civil Law V. Criminal Law
Professor Gary Shapley | Civil Law v. Criminal Law | Introduction to Criminal Law |
Joanna Solis
3/2/2012
|
Only a few people actually know "the law". Others think that the criminal justice system is a body
that only has one set of rules and laws and all act the same. Not to mention that because of television
they think that every case is tried at criminal court with a judge and a panel of jurors. However that
is not the case because there's two specifically types of law, civil and criminal law. Though both are
very different from each other, both results are the same since they help protect our rights as
citizens. Before we get to know what the differences between civil and criminal law we have to
understand what each of them ... Show more content on Helpwriting.net ...
The third is rehabilitation is the prevention of crime by treatment. Lastly, incapacitation is
punishment by imprisonment, mutilation, or even death. Incapacitation might be the most common
of the four. (Samaha, 2008)
In a criminal case, the defendant is not legally required to testify for or against themselves. They
also have the right to a lawyer, and if they can't afford one, one will be provided to them by the state.
If the police want to interrogate the defendant, he or she has the right to have their lawyer present at
the time of interrogation. During trial, the defendant is considered innocent until proven guilty. If he
or she is guilty, the lawyer can still win the case for his client if he feels there is insufficient or
circumstantial evidence against his client.
In civil law testimony is quite simple because anyone who has knowledge of the facts that could aid
the case in any way or form is often required to testify in court. Anyone who testifies or is a witness
has the right to appear with his or her attorney. If any of the parties plays the Fifth Amendment card
against self–incrimination, the judge will instruct the jury to make an adverse inference against the
party that refused to testify.
Burden of proof is when the prosecution presents evidence at the trial that proves beyond any doubt
that the accused person committed the crime for which they have been charged. In criminal law, the
burden of proof is
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Costa Rica 's Law And The Civil Law
Costa Rica's laws are rooted in civil law rather than the common law to which Americans are
accustomed. Civil law can trace its origins back to the time of the Roman Empire, which served as
the foundation for the Napoleonic codes passed during the French Revolution. The Spanish law code
upon which Costa Rica's laws are based is rooted in those Napoleonic codes due to Napoleon's
acquisition of numerous countries that included Spain (Costa Rica civil law, n.d.). Laws in the
country of Costa Rica are interpreted in accordance with their meanings based on history and
context as well as the social environment into which those laws are to be applied. So in essence,
court decisions are based on interpretations that adhere to a law's original ... Show more content on
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The Costa Rican constitution provides human rights protections against government practices like
cruel and unusual punishment, arbitrary arrest, and denial of a fair public trial. Whenever a report
was received of such incidents, the government investigated each case and prosecuted on many of
them. Similar to the American Constitution, defendants are innocent until proven guilty, are
informed of the charges against them, and are protected against undue delay within the court system.
Trials are public, but there is no jury. Should an employee from an American company find himself
in court, he will face an inquisitorial system rather than the adversarial system used in the United
States. Like most civil law countries using this system, there is instead a small panel of judges that
oversees proceedings and gathers evidence. Defendants are not required to testify, and they can
appeal any decisions handed down in court. These rights extend to noncitizens as well. Costa Rica
does not seem to be a prime target for terrorism. There is virtually no connection with the violence
going on in the Middle East or with Islamic extremism. In contrast to many Central and South
American countries, there is little to no clear violent opposition to the country's national
government. There is, however, increasing violence in relation to the drug trafficking trade. Every
few weeks someone is found executed; however, this is generally limited to
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Difference Between Common Law And Civil Law
Please submit your assignment.
There are two main categories of the legal systems which is common law and civil law. There are
around 80 countries which recognize the common law system. The civil law system applies to about
150 countries. The primary importance in a common law country is case law. Civil law countries
have predominate codified statutes. A fundamental factor of international business is the legal
system. The market attractiveness of a country can be affected by variances in legal systems. Daily
business practices are regulated by the laws of that particular country. Policies are defined, as well
as the rights and obligations within a business transaction. The legal framework for business to be
conducted is defined by the country's government. There will be differences in laws country to
country. Sound business decisions can be made by acquiring knowledge about the common and civil
laws of different countries. Contract and contract law regulate several business transactions. The
jurisdiction process of a common law system is expensive. The common law system has a greater
flexibility. Contract disputes are interpreted by judges in comparison to the civil law system. The
property rights of most countries are not enforced by local authorities. Although most of these
countries have laws established to protect the property rights of investors. There are two ways in
which property rights can be violated. Violations can occur through private action or by public
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Common Law Vs Civil Law Essay
Differences between Common Law
And Civil Law
This paper is aimed analysing the differences between common law and civil law in the UK and
other European countries. It will also explore the theory behind the development of these laws and
the segments of society that they cater to.
Collin put forth a viewpoint that the increased collision between public law and contractual practices
has led to a disintegration of the former, resulting in the need to revise the private so that it is in
tandem with the public and welfare legislation (Collins, 1999, Regulating Contracts). However,
private laws and public regulation are governed by doctrines that are very different in their basic
nature and whom they are meant to protect. ... Show more content on Helpwriting.net ...
It was focused on protecting people from those who abused governmental power. However, both
forms of laws are mutually acceptable and used in society.
Countries around the globe place varied levels of importance to Common Law and Civil Law. In
Europe, England, Ireland and Wales follow the Common Law as jurisdiction although it is more
codified here than it is traditionally. Other countries that are Common Law jurisdictions include the
United States of America, Canada, Australia, India, Malaysia, Jamaica and South Africa. The
Common Law here is based on rules created by judges during prominent cases. Conversely,
European countries such as Germany and France follow Civil Law jurisdiction, wherein the law as a
code is given much more importance than judge–made rules (Jon and Michael, 2006, Business
Law).
The most striking difference between Common Law and Civil Law can be noted on how each draws
decisions to serve justice. Common Law operates on a more 'case to case' basis, approaching each
case separately. The principles governing the law are generally arrived at after learning for every
individual case. A judge would rely on historical records of similar cases, analyzes current case fact
and arrives at conclusions without following any set dogmatic conceptual construct. On the other
hand, Civil Law relies mainly on a set of codes and abstract rules against which the particulars of a
case are checked. It is on the
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Civil Law And Common Law System
II–The source of law in civil law and common law system A– Sources of law in civil law system
The Civil law is different from Common law systems in many areas. Source of law is one of the
important part from each legal system in the world. Source of law is the fundamental different
between both of them. In civil law the prime source or basis of the law is legislation, and big areas
are codified in a systematic manner, these codes shape a very distinctive feature of a Romanist legal
system, or the so–called civil law, although in the form of statutes duly enacted by the proper
legislative procedure, the courts should apply the law, statutes and codes. In civil–law systems, by
opposite, codes and statutes are created to cover all eventualities and judges have a more restricted
role of applying the law to the case in hand, past judgments are no more than loose guides. The
legislation helps judges to end issues when come to the court. Moreover, in the civil law system, it
has the different documents to keep codes. Civil code is a book which includes the laws that regulate
the relationships between people, it includes the following topics: persons and the family, things and
ownership, successions and donations, matrimonial property regimes, obligations and contracts,
civil responsibility, sale, lease, and special contracts, as well as liberate prescription (statute of
limitations) and acquisitive prescription (adverse possession). A code is general
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Criminal Law VS Civil Law
Running head: Compare and Contrast Civil with Criminal injuries Compare and Contrast Civil with
Criminal injuries Nora Kelgin October 19, 2013 Tort Actions A tort actions is a form of civil law,
which are intentional tort, torts of negligence, and strict liability torts, the vast majority of legal
issues in the United State involve this, such as divorce, child custody, child support, domestic
dispute, consumer problems, defamation, and injuries due to a person by another person. You can
fine a civil lawsuit yourself or have an attorney do it for you, in this case you become the plaintiff
and the other person will be the defendant. In most situations a civil lawsuit is filed for the purpose
of ... Show more content on Helpwriting.net ...
Outcome In certain cases you can be charged for criminal and civil charges, if you injure someone
intentionally you can be charged with criminal assault and battery by the state or local government
and the victim can also sue you for damages in court in a tort action. For example in the case of O.J
Simpson. He was tried at first for murdering is his wife and her friend and he was found not guilty
by a jury of his peers. The family decided to suit him for compensation and won the cases. The
Outcome if O.J. would have lost the criminal cases could have been anywhere from 25 years to life
or the death penalty. References Hudson, David L Jr. (2010). The Handy Law Book. Understanding
the Law Navigating the Legal Systems. Bergman, Paul J.D. & Berman, Sara J. J.D. (2011) The
Criminal Law Handbook, 12th Edition. Know your rights, survive the system. Ventura, John J.D.
(2005) Law for Dummies, 2nd Edition. Free Dictionary (2013) Farlex, INC.
http://www.thefreedictionary.com/ Graner, Bryan (2009) Black's Law Dictionary, 9th
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Civil Law
–––––––––––––––––––––––––––––––––––––––––––––––––
Civil law (common law)
Civil law is the branch of law dealing with disputes between individuals or organizations, in which
compensation may be awarded to the victim. For instance, if a car crash victim claims damages
against the driver for loss or injury sustained in an accident, this will be a civil law case.[1] Civil
law differs from criminal law, whose emphasis is more on punishment than in dispute resolution.
The law relating to civil wrongs and quasi–contract is part of the civil law.[2]
–––––––––––––––––––––––––––––––––––––––––––––––––
Overview
In the common law, civil law is the area of laws and justice that affect the legal status of individuals.
Civil law, in this sense, is usually ... Show more content on Helpwriting.net ...
This can be contrasted with common law systems whose intellectual framework comes from judge–
madedecisional law which gives precedential authority to prior court decisions on the principle that
it is unfair to treat similar facts differently on different occasions (doctrine of judicial precedent).[1]
[2]
Historically, civil law existed in the times of Ancient Egypt and it is the group of legal ideas and
systems ultimately derived from the Code of Justinian, but heavily overlaid by Germanic, canon–
law, feudal, and local practices,[3] as well as doctrinal strains such as natural law, codification, and
legislative positivism.
Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes
substantive rules from procedural rules.[4] It holds case law to be secondary and subordinate to
statutory law, and the court system is usuallyinquisitorial, unbound by precedent, and composed of
specially trained judicial officers with a limited authority to interpret law.Juries separate from the
judges are not used, although in some cases, benches may be sat by lay judges alongside legally–
trained career judges.
–––––––––––––––––––––––––––––––––––––––––––––––––
Overview
The purpose of codification is to provide all citizens with an accessible and written collection of the
laws which apply to them and which judges must follow. It is the most widespread system
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Similarities Between Common Law And Civil Law
Before I started compare between common law and civil law I want to describe each one of them.
Common law focuses in the old laws and takes it as source for any new for any new case and the
basic for this law is UK law system. On the other hand, Civil law is about organizing the relation
between the people in the same society and it is focusing in public law. However, I am going to
compare between common law and civil law in legal system, the rule of judges, constitution, and
jury of opinion, historical background, and source of law. This paragraph will take about the
comparison between common law and civil law in legal system. First of all, the common law in
legal system is group of laws that not have been written. This law set upon from the parliament and
old law. Also, in common law there are no separates laws. Second, the civil law in legal system is
group of law have been written and separates between the law. Moreover, it was very popular ...
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First of all, the historical back ground and source of law in the common law is back as before 100
years or more. In fact, they use as a policy for the UK colonel in all of the countries under UK
control. After that it become as law for UK and different countries. In the same way, the common
law sources depends on Constitution, old law, Custom and Convention. According to Morris L.
Cohen (1989) (To understand the importance of the reception statutes, we must remember that the
common law of England did not have automatic or direct applicability or authority in the American
colonies). Second, historical background and sources for civil law is back to Spain and Portugal
colonel in Europe and America and it is a part of Roman law. Moreover, they come from the
principle of the French revolutions. In fact, civil law sources depend on legislation – statutes and
subsidiary legislation, Custom and
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Japan's Civil Law System
Japan's Civil Law System
Gwen, Simmons
Japan's Civil Law System The purpose of civil law is to resolve non–criminal disputes. These
disagreements may occur over the meaning of contracts, divorce, child custody, property ownership,
either personal, or property damage. Civil courts are a place where decisions can be made to solve
problems peacefully. The goal of a civil court is to provide legal remedies that ultimately solve
problems. Civil law can be based on state or federal statute or a ruling by the court. In Japan, the
different types of civil cases are civil litigation cases, civil conciliation cases, civil execution cases,
and bankruptcy cases (Judicial Reform Council, 1999). The Japanese culture view courts as a last ...
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When a law system is the most used legal system in the world, it is certain to have advantages, but it
will have some disadvantages. One advantage of the civil law system is that it remains formal within
the judicial system. The civil law system abides by established codes and guidelines. This means the
outcomes of most cases are predominantly predictable. This leaves very little room for defendants to
claim discrimination if they are receiving the same outcomes as every other case with similar
circumstances. Another benefit is that cases take less time, which helps to prevent lengthy trials and
back logging of the court system. One of the biggest problems plaguing court systems is the amount
of cases overwhelming the system. A high number of cases added to lengthy trials are additional
setbacks to the judicial system. In addition juries can't give inappropriate weight to an unreliable
source nor can they misuse facts.
Taken from the German civil code; Japan continues to apply the civil law system as it is the most
organized legal system. Although the civil system is trusted as the most organized and just judicial
system in Japan, it does have a few disadvantages. With civil law, the rules of evidence are less
stringent. Less stringent laws offer a disadvantage to the civil law system because this can leave
room for much debate. When outcomes change and there is no consistency more defendants claim
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Civil Disobedience Or Not To Disobey The Law
Have you ever done something that would be considered that will be called civil disobedience? Civil
disobedience is the act of opposing a law one considers unjust and peacefully disobeying it while
accepting the consequences. In my opinion civil disobedience is the right way the too disobey the
law if it isn't a violent way of protesting. Peacefully resistance to laws positively and negatively
impact a free society. A lot of civil disobedience happens now and days like people protesting when
trump was elected president or people protesting with Martin Luther King Jr when he protested. If
you want to disobey a law peacefully the best was is to do it in a civil way. Peacefully resistance to
laws positively impact free societies because laws
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Criminal Vs. Civil Law
Criminal vs Civil Law
In this document, I will give definition to criminal and civil law and explain how corporate
personhood allows for lawsuits to be filed in corporate America.
Criminal law, "a body of rules and statues that define conduct prohibited by the government because
it threatens and harms public safety and welfare and that establishes punishment to be imposed for
the commission of such acts." Substantive criminal law there's a crime and it may require
punishment. Crimes can be defined as felonies or misdemeanors. Felonies are much serious with
evidence proofing could be punishment of many years in jail or even death. While misdemeanors
are less serious and punishment can be a fine or less than a year in jail. There ... Show more content
on Helpwriting.net ...
In a criminal lawsuit the Corporation can be sued, but the criminality falls to the bodies involved in
the criminal activity at the company. Two significant criminal cases of criminal activities in this last
century involved several executives, specifically the CEOs of Enron (2001) and MCI (2002) where
criminal charges were brought against these leaders for fraudulent accounting practices. In Enron's
case $74 billion was lost in shareholder's value, thousands of employee jobs, retirement accounts
was lost and the company is no longer in existence. Two CEOS, Jeff Skilling and Ken Lay were
convicted of 24 years of jail time. In the case of MCI/WorldCom, the company inflated profits by
$11 billion, which resorted in $18 billion lost to investors, 30,000 jobs were lost. Bernie Ebbers
MCI's CEO was sentenced to 25 years in jail. These two criminal cases, created the greatest change
in business regulations since 1930 and the Sarbanes–Oxley Act of 2002 (SOX) was put into place to
protect investors from the possibility of fraudulent accounting activities by corporations. The SOX
Act mandated strict reforms to improve financial disclosures from corporations and prevent
accounting fraud.
Civil lawsuits against corporations can vary. They can be against branding, a contractual basis and
even labor/human rights. In 1998, Marc Kasky filed suit
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The Difference Between Civil Law And Criminal Law

  • 1. The Difference Between Civil Law And Criminal Law Civil law and Criminal law are two very different and separate distinct of law with separate sets of laws and punishments. According to William Geldart, Introduction to English Law 146 (D.C.M. Yardley ed., 9th ed. 1984)] "The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue or punishment. The object of civil law is the punishment of wrongs by restitution only suffers so much harm as is necessary to make good the wrong he has done. The person who has suffered gets a benefit from the law, or at least he avoids a loss. On the other hand, in the case of crimes, the main object of the law is to punish the guilty person and help them not commit same crimes anymore. It is to help them counsel their problems and help them get out that stage. It also helps prove to the judges that they are not merely insane and get them out of trouble. [Examples of criminal law include cases of burglary and assault or even murder when in the other hand examples where civil law happen include cases of negligence.] The types of punishment for Civil Law is to compensate for any injuries or damages that have been done, and the types of punishments for Criminal Law is when death penalty is involved. Criminal law deals with acts of intentional harm to people and are offences. It is a huge crime to break into someone's home, because the act not only violates the privacy and safety of people's homes, it scares humanity because it ... Get more on HelpWriting.net ...
  • 2.
  • 3. Civil Disobedience: Unjust Law Civil disobedience is one of the most peaceful ways to protest an unjust law in a free society and allows individuals to bring a law under public scrutiny. Free societies allow every citizen to make their opinion known and published, but if an important opinion is published in a smaller newspaper, it may not receive much attention or consideration. Civil disobedience is necessary because it brings attention to injustice by actively demonstrating oppression and mistreatment. The phrase "actions speak louder than words" is common, but not only do actions speak louder than words, but throughout history they have proven to be the only main way to push others in a society to action. When Rosa Parks refused to surrender her seat to a white man aboard a bus in Montgomery, she demonstrated the power of actions and civil disobedience. The power did not lie in Parks' actions alone, but rather in the unrest that existed in 1955 between races in the United States. The simple protest made many question the legitimacy of the law in a way that no newspaper article or emotional speech could. Not only did it raise questions, it sparked action throughout the surrounding community. Protests were ... Show more content on Helpwriting.net ... However, in the modern day, civil disobedience has been used to protest in different ways. One of the most recent examples is the sit–in that happened on the floor of the U.S. House of Representatives in June, 2016. Several members of the Democratic party organized the sit–in to push for gun control laws to be implemented. While the members were not being oppressed, the sit– in certainly brought attention to the issue and showed the power of civil disobedience. While their actions were not entirely illegal, the sit–in halted government progress for over a day and did raise awareness to their cause, much like the civil disobedience demonstrated by Rosa Parks and MLK ... Get more on HelpWriting.net ...
  • 4.
  • 5. Civil Law And Common Law System VIII–lawyer in civil law and common law system B–lawyers in civil law systems When students graduate from law school, if they want to get a license from law firm to practice law, they have some conditions, but it is different from the common law system. Lawyers still represent the interests of their clients in civil proceedings, but have a little central role, if we compare the common law systems, however, their functions commonly contain advising clients on points of law and preparing legal pleadings for filing with the court, but the importance of oral argument, in–court presentations and active lawyer in court are minimized when compared to a common law system. Moreover, non–litigation legal tasks, such as will preparation and contract drafting, may be left to quasi–legal professionals who serve businesses and private individuals, and who may not have a post–university legal education or be licensed to practice before courts. If the law student want to become lawyer in civil law system is different from one country to another country. For example, in Iraq law school students can become a lawyer after graduation from law school, but they have to participate in training to get a license, they do not need to take any exam, but in some country that they have civil law system , a lawyer have taken exam to get a license for example France. Lawyer in Iraqi civil law system, in Iraq lawyer has different function if we compare with a common law system when a lawyer hires by a ... Get more on HelpWriting.net ...
  • 6.
  • 7. The Law And Civil Law As American citizens it is our duty to follow the laws stated in the American Constitution in order to maintain our rights to be free. If we fail to follow the laws we lose our rights as free citizens in these United States. Our Department of Justice mission statement is: To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans. This just means to keep the United States safe and justified. It is for people who threaten that need to be punished in order for our country to remain a safe place. Laws are made to protect and two types of laws are Criminal Law and Civil Law. They both punish wrong doers but different kinds. Criminal Law is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. While Civil Law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. In terms of punishment they are different because in Criminal Law A guilty defendant is punished by either incarceration in a jail or fine paid to the government, or, in exceptional cases, the death penalty. Crimes are divided into two broad classes: Felonies and Misdemeanors. Defendant can be ... Get more on HelpWriting.net ...
  • 8.
  • 9. The Differences Between Civil And Civil Vs. Civil Law Criminal cases our about crimes, or wrongs committed where the government is the plaintiff and civil cases our about disputes between private parties. Criminal cases can lead to incarceration, where civil cases can only lead to compensation being awarded. The US judicial system is based on common law, while civil code traces its origins to the Roman Empire. The differences between criminal and civil law seems to be about who has been wronged, purpose and possible outcomes and the source of the law. The parties been wronged in criminal cases is the government, the entity who has stated the laws that have been broken. The government is always the plaintiff, which can be described as the party who makes the complaint. "The government (local, state, or federal) is always the plaintiff (the party bringing the suit) in criminal cases" (Moore, 2012, p. 11) Hacking into a secure government network and providing that information to an unauthorized source would be a criminal case in the area of communication. In a civil case, the plaintiff can be any private party who has a grievance against another private party. An example of a civil case in the area of communication is the libel committed when fake news is disseminated. The party who is wronged brings the case against another private party. When trying to determine whether or not a case is civil or criminal, one can consider the goal of the litigation. A criminal litigation's goal is to establish culpability and then discipline the party at fault. While punishment can include monetary compensation in a civil case, only a criminal case can result in incarceration or execution. A civil litigation's goal is to resolve accountability of the defendant and, when accountability is determined to be the defendants, provide compensation to the wronged party. Civil law or action in this sense refers to that body of law dealing with those cases in which an individual or legal entity (such as a corporation, partnership, or even governmental agency) is requesting damages or other relief from another individual or entity. (Moore, 2012, P. 10) The primary difference in the possible outcomes is incarceration. A civil case will not end in incarceration, unless there's been some ... Get more on HelpWriting.net ...
  • 10.
  • 11. Civil Law Essay Generally, in order for the claimant to be eligible to file a civil case in Federal Court, they must exhaust all administrative remedies by filing with the EEOC. In addition, the claimant that is contemplating filing a lawsuit should assess their case for viability and the mandatory criteria. In fact, evaluation of the claims and knowing the answers to these questions before filing will save the claimant time and money. A. Was there a real injury or wrong? A loss of a job, decreased wages, defamation of character, harassment, mental stress or retaliation and termination for partaking in a protected activity. B. Jurisdiction. Where will you file your case? Civil Rights cases such as employment discrimination lawsuits should be filed in ... Show more content on Helpwriting.net ... Or, if the case is being heard by a jury, the judge may direct the jury to rule in favor a declare a verdict for the respondent. G. The Burden of Proof. Can you prove your claim? In civil cases, the plaintiff has the burden of proving his case by a preponderance or more convincing evidence that is probable truth or accuracy. The burden of proof is established and coincides with tangible material or facts, the plaintiff's or witness's testimony; which will go beyond a reasonable doubt. H. Making a Prima Facie Case Under Title VII In discrimination cases brought under Title VII, the courts have established criteria that plaintiffs must meet in order to prove prima facie or "first glance". First, if an employee presents evidence for each requirement; the employer must counteract and present evidence that proves their decision was not discriminatory. If an employee can't make a prima facie case or prove with documents, or verbally from a testimony of an eyewitness; the employer can ask the judge to dismiss the lawsuit. The elements that prove prima facie or at first glance of a claim of discrimination. 1. The employee is in a protected class (based on their race, gender, and so forth). 2. The employee was qualified for the position, but wasn't hired, even though s(he) met the requirements for the job. 3. An employee who was terminated must prove that s(he) was able to perform the job adequately and
  • 12. ... Get more on HelpWriting.net ...
  • 13.
  • 14. Definition Of Civil Law Every profession, including the legal field; has its own language or specific terms define procedures, actions and outcomes. Therefore, in order to gain understanding it is highly recommended that the pro se' litigant become familiar with these terms. Although, other resources about legal terms are provided in this teaching; the focus is on civil cases. Therefore, review all the resources included, but we recommend that the student focus on the terms listed on this page. After–Acquired Evidence: Is a tactic that former employers and their lawyers use to try and avoid paying the Plaintiff back wages that they owe. The employer will search in employee's past work history to try and find issues of negative conduct or a negative reason ... Show more content on Helpwriting.net ... Attorney–client privilege: A legal privilege that works to keep communications and work–product documents prepared for litigation secret between an attorney and his or her client. The Attorneys can't claim work product and attorney–client privilege protection for documents prepared in the ordinary course of business by the company or employer. (Ex: company records, employee records, and files) Diversified Industries, Inc. v. Meredith, 572 F.2d 596, 604 (8th Cir. 1977). An attorney– client privilege only protects the conversation between her and the client and the work he produced for the trial; not documents prepared by the employer or company in the ordinary course of business. See work–product doctrine Argument: To reason, rebut or to prove a point or with written or verbal proof. Attestation: Signing a legal document as a witness, affirming that the information is given or stated is true. Bad Faith: To enter into any transaction with the intent to deceive or mislead to gain the advantage or win. Bifurcation: The division of a trial into two phases; liability and a penalty phase. Black Letter Law: Also known as Black's Law is established, well–known principles of laws that are not doubted or disputed. Bona fide: In good faith without known defects. Brief: Is a compilation of documents stating the facts of a case in chronological order along with relevant ... Get more on HelpWriting.net ...
  • 15.
  • 16. Civil Law In Antigone, By Sophocles INHUMANE, UNFAIR, UNJUST LAWS. The play Antigone is fundamentally concerned with conflict that the contrasting belief of human/state law and sacred law poses. It also addresses the topics of gender rights, family beliefs, and self–concept of dignity, arrogance, and pride. Polyneices and Eteocles, sons of Oedipus and brothers to Antigone and Ismene heading opposite sides in Thebes' civil war for the throne, have both been slaughtered in the fight. Creon, the new ruler of Thebes, has declared that Eteocles will be given honourable funeral and Polyneices will have his memory disgraced because Polyneices attacked Thebes in order to retrieve the crown from his brother. The rebel brother's body will not be sanctified by holy rites, and will lay unburied to ... Show more content on Helpwriting.net ... He also has threatened death to anyone who disobeys his verdict. Antigone in an illicit meeting laments Creon's recent decree to Ismene and wants to bury Polyneices' body. She asks Ismene to help her bury Polyneices, even though to do so would ensure both their deaths stating that Creon has no right to keep her from her own in defiance of his edict as she wanted her brother to go to greater beyond that is the afterlife. Ismene contends that despite the fact that she adores Polyneices she must take after the king's decree on the grounds that she doesn't want to risk the punishment by death. Ismene refuses because she says that they are women and must not fight with men – men are stronger and therefore must be obeyed,. Although Ismene declares that her sister lack any power in the situation, Antigone is hell bend on her ... Get more on HelpWriting.net ...
  • 17.
  • 18. The Differences Of The English Common Law And Civil Law Relocating to Germany would mean that the business must consider how the different law systems will affect them as a business, therefore they must establish the differences between English common law and the civil law. The English common law is set based on decisions made by the higher courts, judicial opinion and similar cases which is known as "doctrine of Stare decisis " while the civil law consists of a "codified set of laws" . The common law involves the judges making the decisions, setting the precedent, and controlling the conflict between the opposing parties. This differs to civil law as judges must apply the relevant law to the case and make a judgement based on that. The common law is built through judgements made from the higher courts instead of through statutes or written legislations, this common law system is mainly put into place for similar cases to receive fair and similar treatments. This means that judges follow how previously decided cases were treated based on their facts, this is known as judicial precedent. Hence why this is advantage as these opinions are developed and written at the end of trials which then are set as precedents to apply to similar cases in the future, this therefore means that individuals receive a fair and equal treatment. It also assists people with having a better idea on how their cases will be treated depending on the circumstances. For instance, "R v R [1992]" case where the defendant attempted to rape his wife, even though ... Get more on HelpWriting.net ...
  • 19.
  • 20. Civil Disobedience Vs. Civil Law Civil disobedience is the refusal to act and comply with the current government in protest and opposition to an act. Thoreau states in Civil Disobedience that he is willing to obey those that "can do better than I" and states that he accepts the motto "That government is best that governs least" (196, 177 Thoreau). In this lies a paradox of how much and how far the government should be in control of people lives and when should citizens step in to assert a communal moral law to the government. Moral law is the unique ethics and rulebook that each person learns from society. On the other hand, civil law is the set of laws that the government sets down. As a result of the uniqueness of moral laws to each individual person, then by nature civil ... Get more on HelpWriting.net ...
  • 21.
  • 22. Difference Between Common Law And Civil Law Around the world there are different Criminal Justice Systems to help to keep order in the jurisdictions to provide a code of conduct which is known as the law. The whole purpose of the Criminal Justice System is to deliver justice for everyone and this is done by convicting and punishing the guilty and also to help them to stop offending while also protecting the innocent (Garside 2008). In different jurisdictions there are even crimes with the same name that have different definitions. In this essay, England and Wales Criminal Justice System will be looked at which is formally known as Common Law, Also France's Criminal Justice System will also be looked at which is known as Civil Law. The differences between the two jurisdictions will be looked at and also the history of both Criminal Justice systems will also be looked at and also the punishments between the two jurisdictions. Common Law and Civil Law are contrasted due to suggesting they have a different understanding of "The State", this will also be looked into to see why there is a different understanding. Firstly, the jurisdiction of England and Wales will be looked at and their Criminal Justice System known as Common Law. The Common Law begins from the traditional and the authority of courts to identify what law is, even if there is an absence of an underlying statute (Busch 2012). This shows how in Common Law Tradition, it may include laws such as statutes but it also contains a body of "Common Law" such as ... Get more on HelpWriting.net ...
  • 23.
  • 24. Antigone: Moral Law Vs. Civil Law Moral law versus civil law has been an outstanding issue through history. Numerous novels and plays have been written about this confliction. In fact, Sophocles wrote his play Antigone about the difficulty of choosing between moral law and civil law. Throughout the play the protagonist,Antigone, is firm in her decision by putting her moral beliefs above the civil law. Antigone decides to bury her brother Polyneices even though it is against the decree of the king. In a more recent issue Kim Davis, a Kentucky county clerk, believes that she cannot grant marriage licenses to gay and lesbian couples. Davis states that her faith upholds her from recognizing these marriages.The novel and the modern day example, both choose moral law over civil law. ... Show more content on Helpwriting.net ... At the beginning of the play Antigone decides that her morals are more important than civil law. When the play starts off, Antigone's brothers have just died in battle against each other. One of her brother's Eteocles has been given full military honors in his burial. While on the other hand, her brother Polyneices has been decreed a traitor. Creon declares that no one is to bury Polyneices or they will be sentenced to death. In this moment, Antigone knows that her moral law should be above the decree of the king. Antigone shows this when she says, "What Creon says is quite irrelevant. He is my brother. I will bury him (Sophocles 4)". Antigone is set on the fact that she will bury her brother even if it is against the law. To her it's what she has to do to honor her brother, no matter what the consequences. Kim Davis makes this same decision to put her morals above civil law.The article shows this decision, "Davis had argued that her Apostolic Christian faith prevented her from recognizing such marriages(Mike Wynn & Andrew Wolfson)". Kim Davis's beliefs do not allow her to give out marriage licenses. Therefore, she should stick to her morals and not give out marriage licenses.She should take on a different job that does not require her to do so.Both Davis and Antigone show that morals are more important than the civil ... Get more on HelpWriting.net ...
  • 25.
  • 26. Difference Between Civil Law And Criminal Law Jeremy R. Gorena June 18, 2017 Writing Assignment 3 Criminal and civil law are both practiced in the United States. By definition, criminal law is "a formal means of social control [that] involves the use of rules that are interpreted, and are enforceable, by the courts of a political community.... The function of the rules is to set limits to the conduct of the citizens, to guide the officials (police and other administrators), and to define conditions of deviance or unacceptable behavior." (Bohm, Robert M. & Haley, Keith N. 2014, pg. 88 ) Civil law is considered a private matter between individuals and includes such things as the law of contracts and property as well as subjects such as administrative law and the regulation of public utilities. (Bohm, Robert M. & Haley, Keith N. 2014, pg. 88 ) The two types of law are means of social control however, criminal law will include some type of punishment whereas civil law will include compensation to a victim. Although a difference does exist between the two types of laws, it is important to understand that a person that commits a crime may have to be present in criminal court and in civil court. An individual may serve time in jail while also personally paying the victim a fine as restitution for a crime that has been committed. Criminal laws should possess the following five characteristics: 1) politicality 2) specificity 3) regularity 4) uniformity and 5) penal sanctions. If a law possesses these characteristics they ... Get more on HelpWriting.net ...
  • 27.
  • 28. Common Law And Civil Law At the global level international law is of great importance and the legal systems such as common law, civil law, customary law, and theocratic law exist in different countries across the world. There are about 196 sovereign states in the United Nations Organization and each of the states follows a legal system created by them or by an agreement in the form of regional treaties and other accords. Common law: A common law system according to Samii (2011, p. 112) is based on tradition, judge made precedent and usage. In common law, the past ruling, legal legislation and the explanation of the statutes is set as precedents for the courts and apply the established practice to a same set of facts. The law developed through the judgment instead of executive or legislative statutes to a legal system that rely on constituting a precedent case law (Chand, n, d). Any time when the disputing parties disagree on what the rule is, Common law refers g any past precedential decisions. The major difference between common law and civil law system is the doctrine of the precedent in which court applies the rulings of previous cases in the circumstances the facts are the most similar. The judge ruling becomes law that is followed by future judges and this is referred as judge made law, or common law. The legacy followed by Common law is Anglo–American that is widespread in Canada, the U.S, England, Australia, and New Zealand. Civil law: According to Samii (2011, p. 112), Civil law is based ... Get more on HelpWriting.net ...
  • 29.
  • 30. The Rule Of Law In Civil And Common Law Traditions The rule of law in civil and common law traditions In both the common and civil law traditions the ordinary function of a court is adjudicative. Courts make findings on disputed questions of fact, identify and apply the relevant law to the facts as agreed by the parties or found by the court, consider the legal consequences and award appropriate remedies. Thus, a state that adheres to the principle of 'rule of law' provides legal certainty to it citizens, to plan their lives with less uncertainty and protects them from to the law from arbitrary use of state power. The rule of law 'first and foremost seeks to emphasize the necessity of establishing a rule–based society in the interest of legal certainty and predictability.' Legal certainty is a central tenet of the rule of law understood around the world although its meaning differs between legal traditions and nation States. In 2007 at Potsdam, the G8 Foreign Ministers declared their commitment to 'the rule of law [as a] core principle on which we build our partnership and our efforts to promote lasting peace, security, democracy and human rights as well as sustainable development worldwide' and stated that it is 'imperative to adhere to the principle of legal certainty.' Legal certainty in the civil tradition Legal certainty is a fundamental principle characteristic of the civil tradition and is recognized within the national legal systems of Europe the European Court of Justice and the European Court of Human ... Get more on HelpWriting.net ...
  • 31.
  • 32. Civil Law vs Common Law There are more than 200 nations in the world nowadays, and each has a different set of laws that govern its people and its relations with the rest of the world. Whereas, international law governs relations between states, institutions, and individuals across national boundaries, municipal law governs this same person within the boundaries of a particular state. The comparative law, which is the study, analysis, and comparison of the different municipal law systems, classifies countries into legal families. The two widely distributed families are the Romano–Germanic Civil Law and the Anglo–American Common Law. This short essay seeks an answer to the differences between two fundamentally different legal theories or systems. The original ... Show more content on Helpwriting.net ... The French Code is an evaluate version of the Corpus Juris Civilis because it incorporated the principle ideas of the French Revolution, including the right to possess private property, the freedom to contract, and the autonomy of the patriarchal family. With private property, the Code's authors: J.J Cambacérès and Napoléon consciously attempted to break the old feudal estates of the aristocracy by prohibiting restraints on the sale of land. The French code joined one of the United State Constitution mentioning that lawyers couldn't foresee every possible legal eventuality, thus they set flexible general maxima of justice rather than detailed provisions. Unlike the French Code The German Civil Code was meant for the use of trained experts. Indeed because of the Pandectits, the German's Codes' organization and form is incredibly precise and technical. Sentence structure indicates which party had the burden of proof. However its overall approach rely on many of the same political and philosophical ideals, notably the "laisser faire" economics and the autonomous right of individuals. [5] Moreover separated and apart from the movement of codification of civil or private law occurred the development of the public law, a constitutional and administrative law. ... Get more on HelpWriting.net ...
  • 33.
  • 34. Tort Law for Damages Practiced in Civil Law Tort Law Tort Law has been a Civil Law practiced and used since the beginning of Law, after mankind first discovered what was right and what was wrong. It is a private or civil wrong for which damages may be removed and involves; falls at work, work vehicles, and nuisances. It's a civil law that can be recognized for a law suit. It has a wide range of provisions and can range from negligence, purposeful, and ethics. Among the types of damages the injured party may recover are: loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses (University). For example, a piece of machinery that is neglected, not maintained, can break down while a worker is using it and ... Show more content on Helpwriting.net ... Other then learning from parents, 5 year olds learn a lot from their peers as well as what they see on television. A question I would also have on this case would also be does the defendant know the child personally? Does she know her family? If she knows the family, does she know their financial situation? Many cases like this one involve people who sue on an intentional battery tort grounds have had an understanding on the financial situation of the prosecutor. This happens often. If someone knows that a family is financially stable they at times sue for whatever they can in certain ways. Anyways, according to the Cornell University website there are many specific torts including; trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress (University). Trespass basically speaks for itself. For example, a lady drives onto a business property after hours and stays. Whether she intentionally did it or not it is still under the tort act of trespassing. Assault is a term us Criminal Justice students have learned early on in our schooling. According to a FindLaw website, assault is as "an intentional attempt or threat to inflict injury upon a person, coupled with an apparent, present ability to cause the harm, which creates a reasonable apprehension of bodily harm or offensive contact in another" (Reutors). Assault can come in many shapes in sizes leaving harmed or unharmed ... Get more on HelpWriting.net ...
  • 35.
  • 36. Criminal Law And Civil Law Criminal law is better known about in the U.S. than Civil Law because criminal activity is usually publicized at a result of it being news and a civil cases are of private matter. In civil law crime is not the issue, it is when an individual or business (plaintiff) files a lawsuit against another individual or business (defendant) to seek relief of a situation. Civil suits often deal with estates, property issues, malpractice, contracts, child support, divorce and other areas. In a civil suit the plaintiff can represent themselves or hire an attorney. If the plaintiff hires an attorney there are certain steps that need to be followed. First the plaintiff and attorney have an interview so the attorney can get all the information and facts regarding the case. If the attorney decides to take the case then they decide on the retainer fee to get the case started. The next step is the demand letter which the attorney prepares and the plaintiff notifies the defendant of the action being taken against them. If the defendant doesn't respond in within the time period or refuses to cooperate then it moves to a trial. After jurisdiction is decided then the attorney chooses the trial's venue (location). The venue is usually chosen in favor of the defendant. This is done for convenience and to ensure they will receive a fair trial. Once the trial starts the attorneys prepare information regarding pleadings, depositions and discovery information, motions, etc. and any other ... Get more on HelpWriting.net ...
  • 37.
  • 38. Civil Rights Area Of Law Civil rights area of law is very interesting as well as a very relevant area of law. Civil rights law is mostly consist of people's constitutional rights as American citizens. Every citizen of the United States of America has the right to rights such as freedom of speech, press, the right to vote and the right to equality in public places (American Institute for Paralegal Studies). This means under the civil rights act and federal law every citizen is entitled to this rights and it cannot be denied or taken from by any employer, government agency or any other institution (American Institute for Paralegal Studies). Court cases when it comes to this area of law vary from racial profiling, invasion of privacy as well as gay rights and the right ... Show more content on Helpwriting.net ... The typical tasks that a paralegal performs in this area of law are to assist the attorney with the client's case. The paralegal job is to initiate initial interviews with potential clients, draft legal documents for the attorney, analyze the civil right issue that concerns the client and was presented by the client, to do investigations, do extensive legal research, review documents given by the client and assist with trial preparation ( American). Paralegals are a very important asset to the attorney because they perform a lot of tasks that they would have to typically do. They are in charge of contacting court personnel, interview witnesses that can be a asset to the case. Government paralegals have the same tasks and additional tasks depending on the issue. They usually help identify the solve discrimination complaints that are concentrated on sex, race and age. This claims were made by government employees against the government. Paralegals help government attorneys with discrimination litigation complaints that were brought by citizens against the government other American citizens, companies and other specific business ... Get more on HelpWriting.net ...
  • 39.
  • 40. Common Law And Civil Law There are two main categories of the legal systems which is common law and civil law. There are around 80 countries which recognize the common law system. The civil law system applies to about 150 countries. The primary importance in a common law country is case law. Civil law countries have predominate codified statutes. An important factor to international business is the legal system. The market attractiveness of a country can be affected by differences in legal systems. Business practices are regulated by the country's law. Policies are defined as well the rights and obligations in business transactions. The legal framework for business to be conducted is defined by the country's government. There will be variances in laws country to country. Sound business decisions can be made by acquiring knowledge about common laws and civil laws of different countries. Contract and contract law regulate several business transactions. The jurisdiction process of a common law system is expensive. The common law system has a greater flexibility. Contract disputes are interpreted by judges in comparison to the civil law system. The property rights of most countries are not enforced local authorities. Although most of these countries have laws established to the protect property rights of investors. There are two ways in which property rights can be violated. Violations can occur Private action through private action or by public action. Piracy, theft, and blackmail are all categorized ... Get more on HelpWriting.net ...
  • 41.
  • 42. Comparing The Differences Between Civil Law And Common Law... This essay will compare the differences between civil law and common law systems. Firstly, it will describe what laws and legal systems are and why they are important then how civil law and common law systems were created and how they are used today, then the main differences between them. Laws are rules that individuals and the state must follow if a law is broken sanctions will be brought and an authority will apply the law. Legal systems are in place so that these laws can be effectively made, applied and enforced. Main features which a legal system must have would include a way to make law or legislature where in the United Kingdom parliament creates laws known as statutes. A legal system also must include laws containing the way in which law breakers are investigated and a way to interpret a broken law. Also, laws to cover a wide range of subjects including housing, education, employment and many other aspects within society. H.L.A Hart (2012), cited in OU, (2017. 1.2) viewed legal systems as a 'union of primary and secondary rules.' Primary laws as being contract, criminal and employment and secondary laws described as about how the law is managed, how to enforce, apply and interpret the law this theory is that any legal system needs both primary and secondary rules. Civil law system was originally created by the Roman empire, as the empire expanded Emperor Justinian ordered laws be codified called Corpus Juris Civilis. This was written to cover the expansion of ... Get more on HelpWriting.net ...
  • 43.
  • 44. The Law And Civil Law The concepts of law and justice are interdependent and deeply intertwined. The relationship between these concepts is able to be perceived through analysis of each independently and then comparatively. One of the primary questions concerning law and justice pertains to the balance and importance of natural law compared to civil law. Problems arise when defining what natural law and civil law are. The identification of natural or civil law as set boundaries provides its own queries. Along with the identity of these types of law, the existence of natural law is brought into question. The purpose of both natural and civil law is defined by the purpose of any law. Natural law may be defined as an unwritten form of rules that dictate man; this ... Show more content on Helpwriting.net ... Laws may be inviolable; within this instance it is perceived that laws (primarily of nature) exist without exceptions and if an exception is found, that exception is one where the law does not apply rather than an act of disobedience. Laws may be general or specific to individuals. The conceptualization of some laws is perceived to be a creation of God. A law may be man–made, but not all are. Laws are not always absolute, but they are set to be followed. The kinds of laws are defined differently by different writers. Adler states that the "division of law into civil law . . . and natural law is not of Greek but Roman in origin." The definitions of natural and civil law stem from the basic alterations in the explanation of what law is and how laws are created. Natural law, or a law of nature, may be defined as "a precept or general rule, found out by reason, by which a man is forbidden to do that which is destructive of his life, or taketh away the means of preserving the same." Natural law is not a law made by man. The purpose of natural law is to endeavor to obtain peace. As discussed by Hobbes, natural law is similar to justice in that it may only be relevant to men in a civil society. Through his viewpoint, natural law does not apply to men outside of a Commonwealth due to the natural tendency for men to live in a state of war and selfish intentions. The idea of natural law only existing amongst a ... Get more on HelpWriting.net ...
  • 45.
  • 46. A Prosecutor On Civil Law System A–Prosecutor in civil law system The Public Prosecution has two major functions, which are to file criminal actions when acting as public prosecutors before a criminal court and the right to initiate actions even if the plaintiff has relinquished his right to do so, public prosecutors exanimate crimes, visit crimes' scenes, question the accused, issue search warrants, and order the imprisonment of the accused on the account of a crime for a period of fifteen days prior to trial or prosecution. Moreover, joining the public prosecution is the way to becoming a judge in the Court of First Instance, the Court of Appeal, and the Court of Cassation. Nevertheless, some members of the Public Prosecution remain within the latter and get promoted to District Attorneys, Attorney Generals, and potentially qualify for the post of the Head of the Public Prosecution. Prosecutor has different role and position in those countries that they practice civil law system. Contrary to the sitting judges who are totally independent, public prosecutors are under the authority of the minister of justice, the minister of justice conducts the policy of prosecution determined by the Government. The public prosecutors are considered to embody one single person since they act in the name of the prosecution service as a whole. As a consequence, the members of the Public Prosecutors Office can replace each other mutually, including during the judgment phase of a case, the ... Get more on HelpWriting.net ...
  • 47.
  • 48. The Law And Civil Law Respondeat Superior What is Respondeat Superior? It is a legal doctrine and actually is Latin for 'let the master answer' which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment. This rule is also called the master–servant rule, recognized in both common law and civil law jurisdictions When applied to physical torts, an employer–employee relationship must be established (meaning that no vicarious liability is established for work performed as an independent contractor) and the act must be committed within the scope of employment (i.e., substantially within time and geographical limits, job description and at least with partial intent to further ... Show more content on Helpwriting.net ... In this relationship, the principal becomes liable for the actions of the agent even if the principal did not commit the act. There are three considerations generally: 1. Was the act committed within the time and space limits of the agency? 2. Was the offense incidental to, or of the same general nature as, the responsibilities the agent is authorized to perform? 3. Was the agent motivated to any degree to benefit the principal by committing the act? The degree to which these are answered in the affirmative dictates the degree to which the doctrine can be applied. Common law distinguishes between civil and criminal forms of respondeat superior. Medical malpractice is a form of Respondeat Superior. It is an act of negligence or omission committed by a healthcare provider that causes death or injury to a patient. However healthcare professionals can get insurance to help with these cases. Medical professional liability insurance, sometimes known as medical malpractice insurance, is one type of professional liability insurance. Professional liability refers to liability that arises from a failure to use due care and the standard of care expected from a person in a particular profession, in this case a doctor, dentist, nurse, hospital or other health–related organization. Example one, Johnson alleged that Stannard, her doctor, and Harmony Health Plan , his HMO, were liable for the negligent and late diagnosis of her tongue cancer. ... Get more on HelpWriting.net ...
  • 49.
  • 50. Civil Law Just Or Unjust The law of nature requires things to be in constant balance; meaning where there is good, there is bad, and inverse. The two will always overshadow each other because they cannot exist without each other. It applies to whether the law is just or unjust, because the law is always evolving with. It is evolving and adapting to the current time we are in because it was pushed and challenge by citizen in quest of trying to achieve relevance. Sometimes the law changes because of the protest from the citizens as it is being applied to them. Which leads to a consideration of the "justness" of civil disobedience as it forces people to pay attention force change to the laws. As citizens of a democratic society we have the rights or rather responsibility ... Show more content on Helpwriting.net ... Tension is sometimes needed to force lawmakers and policy influencers to come to table for negotiations. Just as Martin Luther King, jr was "fighting for segregation", their non violent protest help to create enough noise to emphasis that people they do notice how oppressed they are and change is needed (Kessler 209). That justifies civil disobedience as it was done within the bounds of the law. Even Socrates when he was in jail discussing whether he should escape or stay and face his fate of death sentence he said, "Now that misfortune has come upon me, I cannot put away my old beliefs. The principals I honored and revered..." (Kessler 201) He still had respect for the law even though it was unjust his case. He believed that there is always a way to influence change without causing ... Get more on HelpWriting.net ...
  • 51.
  • 52. Divine Law And Civil Law In SophoclesAntigone Antigone, daughter and sister of Oedipus, believes to live a fated life. When her brother Polyneices is denied a burial by the King of Thebes, Creon, Antigone gets in trouble for following the laws of the gods. Her choices get her sent away and eventually lead to her death. In Sophocles play, Antigone, the characters show clashes between divine law and civil law, with the divine law having a bigger impact in the play. Characters who follow civil law tend to be afraid of punishment by the government leaders. As Ismene states, "You just said the new law forbids it." (Sophocles Pro.32), she wants to avoid any type of negative encounter with Creon or the government. She does not want herself, or Antigone, to get in trouble. This was Ismene's way of showing her belief in civil law. By her fearing the punishment she may face if she breaks the laws, she chooses not to do what is right by the gods. In her denial of divine law, she believes that it is Polyneices' fault that he is forbidden a burial. In her opinion, Polyneices chose to become a traitor to the city of Thebes, therefore Ismene will not put her own freedom in jeopardy over his mistakes. Those who follow civil law have a greater respect and appreciation for civil leaders and local governments than the gods. Creon, being a leader, would rather have all his citizens follow the laws he puts in place in order to create a less rebellious society. If the people of Thebes all a bigger faith in divine law, the city would fall to ... Get more on HelpWriting.net ...
  • 53.
  • 54. The Tort Law Is A Form Of Civil Law Tort Law is a form of Civil Law and is different than Criminal Law, as it does not seek to punish the wrongdoer, but rather to pay damages to remedy a wrong. A Tort cannot happen without harm occurring. One who has committed a Tort has broken a law against an individual. Typically, damages are paid to the individual in order to make them "whole" and in an effort to make good on their wrongdoings. A tort law can fall into the following categories, intentional, strict liability, or negligence. An intentional tort is one that is intentional or deliberate in nature. Examples of subcategories of intentional torts are assault and battery, false imprisonment, and inflicting intentional mental distress. Assault and battery is often a result of corporal punishment in schools. This means that physical punishment has been used as a means to discipline the children in schools and is still legal in some states, but not Pennsylvania. In assault and battery, assault is the threat and battery is the impact that is made. False imprisonment is the physical containment of another person or intimidation (sometimes verbally) that confines another person. In schools, physical restraint should be reserved for only those times when an individual presents as a threat to others or themselves. Infliction of intentional mental distress occurs when a person causes another mental anguish in a manner that is considered extreme. Strict liability is an intentional tort and it is when a ... Get more on HelpWriting.net ...
  • 55.
  • 56. Difference Between Civil Law And Criminal Law What is the difference between criminal and civil law? What is a tort? What are three forms of product–liability cases that can be formed due to a manufacturer's negligence? And what is a warranty? These are all important questions that are answered by having a basic knowledge of the law and regulations. Let's take a look at each term and how our legal court system has defined them. First, criminal law is a crime and considered a type of wrongdoing. It can be against an individual or to society as a whole that is perceived as threatening, harmful, or otherwise an endangerment to a person's property, health, safety, and/or moral welfare. We define these crimes as assault, battery, arson, rape, or fraud, just to name a few. Therefore, if a person allegedly has committed a crime, a public official such as a district attorney, will file a case against a defendant, whom is then required to appear in court. The defendant then will need to appear before a judge or jury and based on the evidence presented a finding will be either innocence or guilt. If a defendant in a criminal matter is found guilty, our society believes that a defendant should serve a punishment for their wrong doings. Therefore, punishments for the wrong doer are either fines, probation, imprisonment, or in some cases even death. Second, civil law is an injury to a person or property in which a civil action begins when a party files a complaint. For example, a civil matter could be a breach of ... Get more on HelpWriting.net ...
  • 57.
  • 58. Civil Law V. Criminal Law Professor Gary Shapley | Civil Law v. Criminal Law | Introduction to Criminal Law | Joanna Solis 3/2/2012 | Only a few people actually know "the law". Others think that the criminal justice system is a body that only has one set of rules and laws and all act the same. Not to mention that because of television they think that every case is tried at criminal court with a judge and a panel of jurors. However that is not the case because there's two specifically types of law, civil and criminal law. Though both are very different from each other, both results are the same since they help protect our rights as citizens. Before we get to know what the differences between civil and criminal law we have to understand what each of them ... Show more content on Helpwriting.net ... The third is rehabilitation is the prevention of crime by treatment. Lastly, incapacitation is punishment by imprisonment, mutilation, or even death. Incapacitation might be the most common of the four. (Samaha, 2008) In a criminal case, the defendant is not legally required to testify for or against themselves. They also have the right to a lawyer, and if they can't afford one, one will be provided to them by the state. If the police want to interrogate the defendant, he or she has the right to have their lawyer present at the time of interrogation. During trial, the defendant is considered innocent until proven guilty. If he or she is guilty, the lawyer can still win the case for his client if he feels there is insufficient or circumstantial evidence against his client. In civil law testimony is quite simple because anyone who has knowledge of the facts that could aid the case in any way or form is often required to testify in court. Anyone who testifies or is a witness has the right to appear with his or her attorney. If any of the parties plays the Fifth Amendment card against self–incrimination, the judge will instruct the jury to make an adverse inference against the party that refused to testify. Burden of proof is when the prosecution presents evidence at the trial that proves beyond any doubt that the accused person committed the crime for which they have been charged. In criminal law, the burden of proof is ... Get more on HelpWriting.net ...
  • 59.
  • 60. Costa Rica 's Law And The Civil Law Costa Rica's laws are rooted in civil law rather than the common law to which Americans are accustomed. Civil law can trace its origins back to the time of the Roman Empire, which served as the foundation for the Napoleonic codes passed during the French Revolution. The Spanish law code upon which Costa Rica's laws are based is rooted in those Napoleonic codes due to Napoleon's acquisition of numerous countries that included Spain (Costa Rica civil law, n.d.). Laws in the country of Costa Rica are interpreted in accordance with their meanings based on history and context as well as the social environment into which those laws are to be applied. So in essence, court decisions are based on interpretations that adhere to a law's original ... Show more content on Helpwriting.net ... The Costa Rican constitution provides human rights protections against government practices like cruel and unusual punishment, arbitrary arrest, and denial of a fair public trial. Whenever a report was received of such incidents, the government investigated each case and prosecuted on many of them. Similar to the American Constitution, defendants are innocent until proven guilty, are informed of the charges against them, and are protected against undue delay within the court system. Trials are public, but there is no jury. Should an employee from an American company find himself in court, he will face an inquisitorial system rather than the adversarial system used in the United States. Like most civil law countries using this system, there is instead a small panel of judges that oversees proceedings and gathers evidence. Defendants are not required to testify, and they can appeal any decisions handed down in court. These rights extend to noncitizens as well. Costa Rica does not seem to be a prime target for terrorism. There is virtually no connection with the violence going on in the Middle East or with Islamic extremism. In contrast to many Central and South American countries, there is little to no clear violent opposition to the country's national government. There is, however, increasing violence in relation to the drug trafficking trade. Every few weeks someone is found executed; however, this is generally limited to ... Get more on HelpWriting.net ...
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  • 62. Difference Between Common Law And Civil Law Please submit your assignment. There are two main categories of the legal systems which is common law and civil law. There are around 80 countries which recognize the common law system. The civil law system applies to about 150 countries. The primary importance in a common law country is case law. Civil law countries have predominate codified statutes. A fundamental factor of international business is the legal system. The market attractiveness of a country can be affected by variances in legal systems. Daily business practices are regulated by the laws of that particular country. Policies are defined, as well as the rights and obligations within a business transaction. The legal framework for business to be conducted is defined by the country's government. There will be differences in laws country to country. Sound business decisions can be made by acquiring knowledge about the common and civil laws of different countries. Contract and contract law regulate several business transactions. The jurisdiction process of a common law system is expensive. The common law system has a greater flexibility. Contract disputes are interpreted by judges in comparison to the civil law system. The property rights of most countries are not enforced by local authorities. Although most of these countries have laws established to protect the property rights of investors. There are two ways in which property rights can be violated. Violations can occur through private action or by public ... Get more on HelpWriting.net ...
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  • 64. Common Law Vs Civil Law Essay Differences between Common Law And Civil Law This paper is aimed analysing the differences between common law and civil law in the UK and other European countries. It will also explore the theory behind the development of these laws and the segments of society that they cater to. Collin put forth a viewpoint that the increased collision between public law and contractual practices has led to a disintegration of the former, resulting in the need to revise the private so that it is in tandem with the public and welfare legislation (Collins, 1999, Regulating Contracts). However, private laws and public regulation are governed by doctrines that are very different in their basic nature and whom they are meant to protect. ... Show more content on Helpwriting.net ... It was focused on protecting people from those who abused governmental power. However, both forms of laws are mutually acceptable and used in society. Countries around the globe place varied levels of importance to Common Law and Civil Law. In Europe, England, Ireland and Wales follow the Common Law as jurisdiction although it is more codified here than it is traditionally. Other countries that are Common Law jurisdictions include the United States of America, Canada, Australia, India, Malaysia, Jamaica and South Africa. The Common Law here is based on rules created by judges during prominent cases. Conversely, European countries such as Germany and France follow Civil Law jurisdiction, wherein the law as a code is given much more importance than judge–made rules (Jon and Michael, 2006, Business Law). The most striking difference between Common Law and Civil Law can be noted on how each draws decisions to serve justice. Common Law operates on a more 'case to case' basis, approaching each case separately. The principles governing the law are generally arrived at after learning for every individual case. A judge would rely on historical records of similar cases, analyzes current case fact and arrives at conclusions without following any set dogmatic conceptual construct. On the other hand, Civil Law relies mainly on a set of codes and abstract rules against which the particulars of a case are checked. It is on the ... Get more on HelpWriting.net ...
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  • 66. Civil Law And Common Law System II–The source of law in civil law and common law system A– Sources of law in civil law system The Civil law is different from Common law systems in many areas. Source of law is one of the important part from each legal system in the world. Source of law is the fundamental different between both of them. In civil law the prime source or basis of the law is legislation, and big areas are codified in a systematic manner, these codes shape a very distinctive feature of a Romanist legal system, or the so–called civil law, although in the form of statutes duly enacted by the proper legislative procedure, the courts should apply the law, statutes and codes. In civil–law systems, by opposite, codes and statutes are created to cover all eventualities and judges have a more restricted role of applying the law to the case in hand, past judgments are no more than loose guides. The legislation helps judges to end issues when come to the court. Moreover, in the civil law system, it has the different documents to keep codes. Civil code is a book which includes the laws that regulate the relationships between people, it includes the following topics: persons and the family, things and ownership, successions and donations, matrimonial property regimes, obligations and contracts, civil responsibility, sale, lease, and special contracts, as well as liberate prescription (statute of limitations) and acquisitive prescription (adverse possession). A code is general ... Get more on HelpWriting.net ...
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  • 68. Criminal Law VS Civil Law Running head: Compare and Contrast Civil with Criminal injuries Compare and Contrast Civil with Criminal injuries Nora Kelgin October 19, 2013 Tort Actions A tort actions is a form of civil law, which are intentional tort, torts of negligence, and strict liability torts, the vast majority of legal issues in the United State involve this, such as divorce, child custody, child support, domestic dispute, consumer problems, defamation, and injuries due to a person by another person. You can fine a civil lawsuit yourself or have an attorney do it for you, in this case you become the plaintiff and the other person will be the defendant. In most situations a civil lawsuit is filed for the purpose of ... Show more content on Helpwriting.net ... Outcome In certain cases you can be charged for criminal and civil charges, if you injure someone intentionally you can be charged with criminal assault and battery by the state or local government and the victim can also sue you for damages in court in a tort action. For example in the case of O.J Simpson. He was tried at first for murdering is his wife and her friend and he was found not guilty by a jury of his peers. The family decided to suit him for compensation and won the cases. The Outcome if O.J. would have lost the criminal cases could have been anywhere from 25 years to life or the death penalty. References Hudson, David L Jr. (2010). The Handy Law Book. Understanding the Law Navigating the Legal Systems. Bergman, Paul J.D. & Berman, Sara J. J.D. (2011) The Criminal Law Handbook, 12th Edition. Know your rights, survive the system. Ventura, John J.D. (2005) Law for Dummies, 2nd Edition. Free Dictionary (2013) Farlex, INC. http://www.thefreedictionary.com/ Graner, Bryan (2009) Black's Law Dictionary, 9th ... Get more on HelpWriting.net ...
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  • 70. Civil Law ––––––––––––––––––––––––––––––––––––––––––––––––– Civil law (common law) Civil law is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim. For instance, if a car crash victim claims damages against the driver for loss or injury sustained in an accident, this will be a civil law case.[1] Civil law differs from criminal law, whose emphasis is more on punishment than in dispute resolution. The law relating to civil wrongs and quasi–contract is part of the civil law.[2] ––––––––––––––––––––––––––––––––––––––––––––––––– Overview In the common law, civil law is the area of laws and justice that affect the legal status of individuals. Civil law, in this sense, is usually ... Show more content on Helpwriting.net ... This can be contrasted with common law systems whose intellectual framework comes from judge– madedecisional law which gives precedential authority to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions (doctrine of judicial precedent).[1] [2] Historically, civil law existed in the times of Ancient Egypt and it is the group of legal ideas and systems ultimately derived from the Code of Justinian, but heavily overlaid by Germanic, canon– law, feudal, and local practices,[3] as well as doctrinal strains such as natural law, codification, and legislative positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules.[4] It holds case law to be secondary and subordinate to statutory law, and the court system is usuallyinquisitorial, unbound by precedent, and composed of specially trained judicial officers with a limited authority to interpret law.Juries separate from the judges are not used, although in some cases, benches may be sat by lay judges alongside legally– trained career judges. ––––––––––––––––––––––––––––––––––––––––––––––––– Overview The purpose of codification is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow. It is the most widespread system ... Get more on HelpWriting.net ...
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  • 72. Similarities Between Common Law And Civil Law Before I started compare between common law and civil law I want to describe each one of them. Common law focuses in the old laws and takes it as source for any new for any new case and the basic for this law is UK law system. On the other hand, Civil law is about organizing the relation between the people in the same society and it is focusing in public law. However, I am going to compare between common law and civil law in legal system, the rule of judges, constitution, and jury of opinion, historical background, and source of law. This paragraph will take about the comparison between common law and civil law in legal system. First of all, the common law in legal system is group of laws that not have been written. This law set upon from the parliament and old law. Also, in common law there are no separates laws. Second, the civil law in legal system is group of law have been written and separates between the law. Moreover, it was very popular ... Show more content on Helpwriting.net ... First of all, the historical back ground and source of law in the common law is back as before 100 years or more. In fact, they use as a policy for the UK colonel in all of the countries under UK control. After that it become as law for UK and different countries. In the same way, the common law sources depends on Constitution, old law, Custom and Convention. According to Morris L. Cohen (1989) (To understand the importance of the reception statutes, we must remember that the common law of England did not have automatic or direct applicability or authority in the American colonies). Second, historical background and sources for civil law is back to Spain and Portugal colonel in Europe and America and it is a part of Roman law. Moreover, they come from the principle of the French revolutions. In fact, civil law sources depend on legislation – statutes and subsidiary legislation, Custom and ... Get more on HelpWriting.net ...
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  • 74. Japan's Civil Law System Japan's Civil Law System Gwen, Simmons Japan's Civil Law System The purpose of civil law is to resolve non–criminal disputes. These disagreements may occur over the meaning of contracts, divorce, child custody, property ownership, either personal, or property damage. Civil courts are a place where decisions can be made to solve problems peacefully. The goal of a civil court is to provide legal remedies that ultimately solve problems. Civil law can be based on state or federal statute or a ruling by the court. In Japan, the different types of civil cases are civil litigation cases, civil conciliation cases, civil execution cases, and bankruptcy cases (Judicial Reform Council, 1999). The Japanese culture view courts as a last ... Show more content on Helpwriting.net ... When a law system is the most used legal system in the world, it is certain to have advantages, but it will have some disadvantages. One advantage of the civil law system is that it remains formal within the judicial system. The civil law system abides by established codes and guidelines. This means the outcomes of most cases are predominantly predictable. This leaves very little room for defendants to claim discrimination if they are receiving the same outcomes as every other case with similar circumstances. Another benefit is that cases take less time, which helps to prevent lengthy trials and back logging of the court system. One of the biggest problems plaguing court systems is the amount of cases overwhelming the system. A high number of cases added to lengthy trials are additional setbacks to the judicial system. In addition juries can't give inappropriate weight to an unreliable source nor can they misuse facts. Taken from the German civil code; Japan continues to apply the civil law system as it is the most organized legal system. Although the civil system is trusted as the most organized and just judicial system in Japan, it does have a few disadvantages. With civil law, the rules of evidence are less stringent. Less stringent laws offer a disadvantage to the civil law system because this can leave room for much debate. When outcomes change and there is no consistency more defendants claim ... Get more on HelpWriting.net ...
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  • 76. Civil Disobedience Or Not To Disobey The Law Have you ever done something that would be considered that will be called civil disobedience? Civil disobedience is the act of opposing a law one considers unjust and peacefully disobeying it while accepting the consequences. In my opinion civil disobedience is the right way the too disobey the law if it isn't a violent way of protesting. Peacefully resistance to laws positively and negatively impact a free society. A lot of civil disobedience happens now and days like people protesting when trump was elected president or people protesting with Martin Luther King Jr when he protested. If you want to disobey a law peacefully the best was is to do it in a civil way. Peacefully resistance to laws positively impact free societies because laws ... Get more on HelpWriting.net ...
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  • 78. Criminal Vs. Civil Law Criminal vs Civil Law In this document, I will give definition to criminal and civil law and explain how corporate personhood allows for lawsuits to be filed in corporate America. Criminal law, "a body of rules and statues that define conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts." Substantive criminal law there's a crime and it may require punishment. Crimes can be defined as felonies or misdemeanors. Felonies are much serious with evidence proofing could be punishment of many years in jail or even death. While misdemeanors are less serious and punishment can be a fine or less than a year in jail. There ... Show more content on Helpwriting.net ... In a criminal lawsuit the Corporation can be sued, but the criminality falls to the bodies involved in the criminal activity at the company. Two significant criminal cases of criminal activities in this last century involved several executives, specifically the CEOs of Enron (2001) and MCI (2002) where criminal charges were brought against these leaders for fraudulent accounting practices. In Enron's case $74 billion was lost in shareholder's value, thousands of employee jobs, retirement accounts was lost and the company is no longer in existence. Two CEOS, Jeff Skilling and Ken Lay were convicted of 24 years of jail time. In the case of MCI/WorldCom, the company inflated profits by $11 billion, which resorted in $18 billion lost to investors, 30,000 jobs were lost. Bernie Ebbers MCI's CEO was sentenced to 25 years in jail. These two criminal cases, created the greatest change in business regulations since 1930 and the Sarbanes–Oxley Act of 2002 (SOX) was put into place to protect investors from the possibility of fraudulent accounting activities by corporations. The SOX Act mandated strict reforms to improve financial disclosures from corporations and prevent accounting fraud. Civil lawsuits against corporations can vary. They can be against branding, a contractual basis and even labor/human rights. In 1998, Marc Kasky filed suit ... Get more on HelpWriting.net ...