DQ Question Wk 1
Providing consistency and a degree of certainty in the application of the law, is one of the advantages of precedence in our legal system. When judges have clear cases to follow, time could be saved and unnecessary litigation can be avoided. Case law of real situations is available which allows the rules and principles to be developed from everyday life, which should work effectively. It could also lead to an orderly development of the law and provide flexibility. Lastly, similar cases are treated the same to prove fairness.
The key players involved in a civil trial are the plaintiff, the person who does the complaining or has the issue with the person that being accused. The defendant is the person who is being accused of the crime. If the case is a criminal case there will be a prosecutor, he/she argues on behalf of the state or government. The defense attorney is hired by the defendant, or there may be a public defender if the defendant cannot afford an attorney. The judge's role is to make sure both sides follow the rules of the court procedures. He is also impartial and makes decisions based on the facts and the law. If it is a jury trial the jury will decide the outcome of the case. There is a bailiff, a court reporter, and a clerk. The purpose of a civil trial is to clear up or resolve a dispute between the plaintiff and the defendant; the defendant could be a person or an enterprise. The dispute could involve property, bodily injury, such as slip and falls or family issues, such as divorce or child support. Reference:
Cheeseman, H.R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, NJ: Prentice Hall.
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