Civil Law Essay Subjects of Civil Law Civil Law Common Law And Civil Law

1. 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...
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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2. Subjects of Civil Law
Subjects of civil law
Two main types: * natural persons * legal persons
(or artificial person) * Third category: "handicapped legal person"– uЕ‚omna osoba prawna
Legal personality
Notion connected with: * Legal capacity – ability to become the subject of rights and obligations *
Capacity for legal acts – ability of obtaining rights and acquiring obligations by the person's own
actions
Legal personality – legal person * Legal persons always have: * legal capacity * full capacity to enter
into legal transactions – by their organs
Legal personality – natural person * Natural persons always have legal capacity * Have the capacity
to enter into legal transactions: * Full...show more content...
Contracts in Polish law * Contract types * Parties * Liberty of contracts * Form * Defects in the
declaration of intent (wady oЕ›wiadczenia woli) * Concluding contracts
Defects in the declaration of intent (wady oЕ›wiadczenia woli) * acts can be considered void
(niewaЕјne) or allow one of the contracting parties to withdraw their declaration * lack of a
conscious or free decision (brak Е›wiadomoЕ›ci lub swobody) * sake of appearance (pozornoЕ›Д‡)
* error * deceitful error * threat declarations not always create consequences
Classification of Contracts * Transfer of rights * sale, exchange, donation. * Use of property * rent,
lease, leasing, lending for use. * Provision of services * agency (contract of mandate),
representation, contract for specific actions, storage contract, * Credit relations * loan, credit
contract, bank account contract. * Security for claims * pledge, bank guarantee * Insurance
contracts * Securities * bill of exchange, cheque, bonds.
Concluding a Contract
declaration of the intention to conclude a precise contract, by proposing it and defining its essential
provisions
(art. 66 of the Civil Code) * art. 69 of the Civil Code:
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3. Civil Law
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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]
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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...
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.
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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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4. 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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