Though it originates in England, the English legal system is widely used in many countries across the whole globe. This essay seeks to distinguish the role of criminal law and civil law in relation to the English legal system. According to the online HG.org worldwide…
Every citizen of a state has certain duties towards the state and in the interest of the society as a whole, the state prescribes certain norms of conduct that bind all members of the state upon which it has a jurisdiction to punish a person who transgresses against these (Kleyn & Viljoen 2002). A good example of a criminal offence is theft which is unlawful taking of something that does not belong to you. The sole purpose of theft law in this case is to prevent interference with property rights.
As far as criminal law is concerned, the state is part of the proceedings against the accused person. Criminal law is seen as an effective way of dealing with certain conducts which are deemed wrongful and violate the prescribed norms in society. In the case of the United States Court of Appeals Tenth Circuit (2007), the defendant Juan Carlos Elizade has been convicted as an “aggravated felony” for joyriding and was subsequently sentenced to a one year suspended sentence. Thus, cases with the intent of temporarily depriving the owner of his property rights constitute a criminal offense.
On the other hand, civil law is different from criminal law in that it constitutes private law which specifically deals with legal relationships between subjects (Kleyn & Viljoen 2002). The subjects in civil proceedings are relatively on the same footing with each other and the state only acts as an arbiter. Civil cases often involve family law, tort or contract laws. In a civil case, it is the plaintiff versus the defendant while in a criminal case it is the state versus the accused. The parties to a civil case decide whether they want to initiate proceedings while in a criminal case, the state initiates prosecution. The definite difference between a criminal and civil case is that the aim of criminal law is to punish the subjects threatening order and harmony in society while in contrast, the aim ...
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(“International business law Assignment Example | Topics and Well Written Essays - 3000 words - 1”, n.d.)
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(International Business Law Assignment Example | Topics and Well Written Essays - 3000 Words - 1)
“International Business Law Assignment Example | Topics and Well Written Essays - 3000 Words - 1”, n.d. https://studentshare.net/miscellaneous/413122-international-business-law.
In a contractual agreement, each party would be having a certain set of rights and a certain set of responsibilities or obligations. Under rights, the party would be entitled for a certain sum of money on completion of a certain task. Under obligations, one party is to perform certain services or sell certain products, for the consideration that the party has received.
There has been a constant move away from a global society whereby the national economies are isolated from one another. This is due to barriers such as across-the-border investment. Other factors creating such barriers include differences in business systems, language, distance and time zones.
Though WTO claim that protecting the environment was one of the fundamental goals as it was included in Marrakesh agreement under which WTO was formed however, critics still argue that WTO lacks the power to implement the same. This therefore has remained one of the significant challenges for WTO to implement environment protection because earlier agreements such as GATT actually failed to deliver desired results in developing a comprehensive framework for environment protection.
As noted, criminal law is mainly part of public law where the state has a case against the offenders who transgress against this law. When an offence is committed, it is the state’s case to prosecute the person who will have committed that crime. In the case of the United States Court of Appeals Tenth Circuit (2007), the defendant Juan Carlos Elizade was convicted as an “aggravated felony” for joyriding and was subsequently sentenced to a one year suspended sentence.
Civil law is concerned with the rights and duties of citizens in dealings with other citizens. Civil law covers the following activities: lending and borrowing, marriages, entering into contracts, disputes with neighbours, etcetera. Generally, the purpose of civil proceedings is to enable persons to enforce their rights or to recover their property for their own benefit.
However, also to consider is the fact that business Law has also been divided into two categories namely traditional and new generation business law. Traditional business law include, labour law, environmental licensing procedure and lastly planning and construction law.
In this regard, a continuous growth and rapid transformation of the business strategies practiced by the modern business organisations can be observed apparently with respect to their global trade operations. Contextually, the rapid development of modern trade operations among the various global industries has also inspired the organisations to be significantly focused on acquiring a continuously increasing market share and thereby attaining greater competitive advantages (OECD, 2008).
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entions comprise of processes or products that are useful while trademarks signify marks of ownership rights of service establishments, manufacturers or traders.
The right of performance allows the author or the copyright holder of a particular work to control the use of that
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