Understanding the Differences of Law , Law 421 Week 1
Understanding the Differences of Law
There are several distinctions of law in business and society designed to protect humanity. Not properly exposed to law we may not know hot to distinguish them. To understand the differences we will be discussing the meaning between criminal, civil, common, and statutory laws while also providing an example. Last we will also cover what the United States Constitutional provisions most affect the rights of businesses and organizations.
Criminal Law
Criminal law according to (Melvin, 2011), “are a protection of society, and the violation of criminal laws results in penalties to the violator such as fines or imprisonment.” In essence criminal law was put in place to protect the society of their individual rights. The purpose of this is to maintain peace and order; it is a reminder to the citizens that if you do not obey the laws there are consequences such as fines, restitutions, house arrest, community service or incarceration. An example of criminal law is assault that means “an unlawful physical attack upon another” (Dictionary.com, 2011). The penalty for assaulting another individual can be either jail time or fines.
Civil Law
“Civil law seeks to resolve non-criminal disputes such as disagreements over the meaning of contracts, property ownership, divorce, child custody, and damages for personal and property damage. A civil court is a place where people can solve their problems with people peacefully. (Melvin, 2011)” The function of civil law is to provide a legal remedy to solve problems without using physical force. “Sometimes civil law is based on a state or federal statute; at other times civil law is based on a ruling by the court.(Melvin, 2001)” An example of civil law would be a car crash victim claims damages against the driver for loss or injury sustained in an accident; this will be a civil law case.
Common Law
“Common law is essentially law made by courts; that is, law that has not specifically been
There are several distinctions of law in business and society designed to protect humanity. Not properly exposed to law we may not know hot to distinguish them. To understand the differences we will be discussing the meaning between criminal, civil, common, and statutory laws while also providing an example. Last we will also cover what the United States Constitutional provisions most affect the rights of businesses and organizations.
Criminal Law
Criminal law according to (Melvin, 2011), “are a protection of society, and the violation of criminal laws results in penalties to the violator such as fines or imprisonment.” In essence criminal law was put in place to protect the society of their individual rights. The purpose of this is to maintain peace and order; it is a reminder to the citizens that if you do not obey the laws there are consequences such as fines, restitutions, house arrest, community service or incarceration. An example of criminal law is assault that means “an unlawful physical attack upon another” (Dictionary.com, 2011). The penalty for assaulting another individual can be either jail time or fines.
Civil Law
“Civil law seeks to resolve non-criminal disputes such as disagreements over the meaning of contracts, property ownership, divorce, child custody, and damages for personal and property damage. A civil court is a place where people can solve their problems with people peacefully. (Melvin, 2011)” The function of civil law is to provide a legal remedy to solve problems without using physical force. “Sometimes civil law is based on a state or federal statute; at other times civil law is based on a ruling by the court.(Melvin, 2001)” An example of civil law would be a car crash victim claims damages against the driver for loss or injury sustained in an accident; this will be a civil law case.
Common Law
“Common law is essentially law made by courts; that is, law that has not specifically been
References: Assault. (2012). In Dictionary.com. Retrieved from http://dictionary.reference.com/browse/assault?s=t Gann, C. EHow | How to Videos, Articles & More - Discover the expert in you. | eHow.com. Influences of the Constitution on Labor Law | eHow.com. Retrieved from http://www.ehow.com/list_6784414_influences-constitution-labor-law.html Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY: McGraw-Hill/Irwin.