Preview

Summary week 2 law 421

Good Essays
Open Document
Open Document
547 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Summary week 2 law 421
Introduction
There are six different types of law, which are: substantive, procedural, criminal, civil, common and statutory. In all cases certain US Constitution amendments must be applied in order to protect the rights of the business or organization.
Discussion
Criminal law is the portion of the law that deals with legal punishments of criminal defences. Whereas, civil law deals with disputes between individuals, organizations in which compensation is awarded to the victim. Criminal law cases are dealt with by governmental court rooms and civil law cases are filed by private parties. The two laws are very different in how a decision is made and the type of proof needed to determine who wins the case or if the person is found guilty. A person is innocent until proven guilty. In criminal law a person must be proven guilty beyond a reasonable doubt whereas in civil law there must be substantive evidence beyond the balance of probabilities. The person making the claim must provide proof of the incident in which they are requesting compensation for. This leads to how punishment is given if a person or company is found guilty in the two cases. In criminal law, the guilty does not have it so easy. They are sentences to tasks such as community service and fines, imprisonment, and possibly the death penalty. Civil cases, on the other hand, do not have such harsh punishments. They guilty is faces with compensation, usually in the form of financial payback, in the amount that the judge feels appropriate. Examples of criminal law are; assault, theft, trafficking a controlled substance, and murder. Examples of civil law are; property disputes, personal injury cases, child custody proceedings, divorce proceedings, and landlord vs. tenant disputes. Common law is the set of laws made by the courts. It has not necessarily been passed by the legislature but the law has instead been based upon the outcome of previous cases with similar situations. Statutory law

You May Also Find These Documents Helpful

  • Good Essays

    Criminal cases or crimes are defined as those actions or disputes where a violation of public law occurs. When public law has been violated the individual or other parties that committed the crime are innocent until proven guilty by a court of law. Therefore, if they are guilty of a crime depending on the charge the individual or other parties may face jail time, fines, community service, imprisonment, as their punishment by law. However, in some criminal cases depending on the alleged crime there may be afflicted victims in the manner that may warrant a civil suit being filed, which will allow victims to collect damages for their injuries and…

    • 488 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Kuehn v. Pub Zone

    • 363 Words
    • 2 Pages

    A civil case is between two parties where one party feels the other party is in some way responsible to the suing party.…

    • 363 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Law 421- Role Functions

    • 738 Words
    • 3 Pages

    Since law is a broad area of our governmental system, it can be broken down to several classifications to better understand each of them. Perhaps the most important one is Criminal and Civil Law. Criminal Laws are the laws that cover criminal activities such as robbery, murder, kidnapping etc. This is usually between an individual or a group of individuals against society. Civil Law is mort focused on two private parties. The most common type of civil law would be divorces and custody battles. These laws are our underlying written…

    • 738 Words
    • 3 Pages
    Good Essays
  • Good Essays

    1. Criminal and Civil Law – Criminal Law is for the protection of society. Any act committed by someone that puts their society in harm’s way is committing a criminal act and is punishable under Criminal Law with possible fines and imprisonment. Civil Law is the protection of private parties (including businesses) where a lawsuit can be brought towards another private party for proposed wrong doings. The goal for a civil suit is to either stop someone from doing something or to get them to do something and can sometimes include monetary consequences (Schneider, 2013).…

    • 851 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Law 421

    • 982 Words
    • 4 Pages

    Torts are civil laws that are broken and are rules for lawsuits. When these rules are broken they can result in injury and harm this is usually the basis for the claim. Torts are punishable by imprisonment but in most cases tort law is to provide relief for damages and to stop others from doing the same thing. The injured party can sue for loss of earnings, pain and suffering, and medical expenses or present and future.…

    • 982 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Cj230

    • 763 Words
    • 4 Pages

    This topic of civil action and criminal action has been a little confusing for me, the more I read about the differences between the two the more I slowly start to grasp just exactly how different they really are. According to the text book civil law is set forth to protect the individual instead of the public also a civil action is brought up by the individual and not by any state or prosecutor (Lippman 2006). From what I understand this basically happens when an individual wants to sue another party when there is not enough evidence to criminally prosecute or there was not a true criminal act in play, but rather just an injury to a person or their property.…

    • 763 Words
    • 4 Pages
    Satisfactory Essays
  • Better Essays

    what is crime

    • 929 Words
    • 4 Pages

    but these are not (usually) criminal acts. The distinction between a civil and a criminal case…

    • 929 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Statutes and Common Law. Common laws are a law that have yet to be passed by the legislatures, but rather are made by the courts and is based on the fundamentals of previous cases with having similar fact; whereas, a statute is a law enacted by elected representatives of the legislative branch of government.…

    • 749 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    7. A State Homicide statute is an example of a Substantive law, Criminal Law and Public Law.…

    • 621 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Civil and Criminal Law

    • 420 Words
    • 2 Pages

    "The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue - redress or punishment. The object of civil law is the redress of wrongs by compelling compensation or restitution: the wrongdoer is not punished; he only suffers so much harm as is necessary to make good the wrong he has done. The person who has suffered gets a definite 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 wrongdoer; to give him and others a strong inducement not to commit same or similar crimes, to reform him if possible and perhaps to satisfy the public sense that wrongdoing ought to meet with retribution.”…

    • 420 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Role and Functions of Law

    • 886 Words
    • 4 Pages

    First, laws, primarily statutes, are considered to be criminal or civil. Criminal law protects society. It is between private parties and society. For example, if someone is brought up on murder charges they would be tried in a criminal court of law. Violations of criminal law could result in penalties of fines or imprisonment to violators if convicted of the crime and proven to have intentionally committed the crime. Civil law is between private parties. Civil laws are created to compensate parties who have experienced losses because of the other parties’ actions. Examples of civil law could be divorce and accidental injury cases.…

    • 886 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Sources Of English Law

    • 2207 Words
    • 9 Pages

    The Sources of English Law are many and varied, however there are four main types, which have different roles and importance in the British Legal system.…

    • 2207 Words
    • 9 Pages
    Powerful Essays
  • Better Essays

    Criminal Law is only concerned with individuals/parties committing a crime as this is a breach of statute. This distinction is made because criminal and civil law have their own characteristics. Depending on the matter concerned.…

    • 850 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Legal Environment

    • 693 Words
    • 3 Pages

    Common law is found mainly in countries with a history as British territories. An important factor of common law is ‘limiting’ governmental power. Common law relies mainly on customs and precedent (‘model’ or previous cases), thus making the decisions made by judges today binding on future legal decisions. This makes it harder to change laws, thus promoting a sense of security for the people.…

    • 693 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    EL 101

    • 464 Words
    • 2 Pages

    However, common law is different from civil law. Common law refers to laws that are developed by judges through decisions in courts that mostly rely on precedential case law. According to Chand (n.d.), “interpretation through the past decisions of higher courts which interpret the same statutes or apply established and customary principles of law to a similar set of facts”. In future cases, when parties disagree on the law, an idealized common law court looks back to past precedential decisions of relevant courts. If a similar case has been resolved in the past, the court is bound to follow the reasoning used in the prior decision. This is known as stare decisis. However if the judge finds that the current case is fundamentally distinct from previous cases, judges have the right to make law by creating precedent. Therefore, the new decision will be bind for future courts.…

    • 464 Words
    • 2 Pages
    Satisfactory Essays