...………………………………………………………………………………. 1 Classification of Law 1. Civil law and Criminal law……………………………………………………….. 2 2. Sources of Law ……………………………………………………………… 3-8 I. Common Law ……………………………………………………… 3-5 II. Common Law and Equity ……………………………………………… 5-7 III. Statute Law ……………………………………………………………… 7-8 Conclusion ……………………………………………………………………………… 8-9 Bibliography …………………………………………………………………………….... 10 Introduction According to the statement on p.25 in Antoine’s book, Commonwealth Caribbean Law and Legal Systems, there is no general agreement as to how legal systems should be classified. Some writers emphasize a socialist legal tradition; others are concerned with technical differences while some also place more importance on the sources or origins of the law and its structure and methods. Source The socialist legal tradition has its historical origin in the Bolshevist Revolution of 1917 initiating the international and economic order known as Socialism or communism. The main legal distinguishing feature between socialist tradition and the common law or Romano- Germanic tradition is ideology. The socialist argue that law cannot be isolated from the social political and economic order within which it operates, making these elements fundamentally important in determining the type of legal system in existence. The Socialist legal tradition therefore embodies its original meaning aimed at achieving a communist state Rose-Marie Belle Antoine Commonwealth Caribbean Law and legal...
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...The Classification and Sources of Law The word law can be defined in many ways, because its purpose or function is defined by the way in which it is viewed. When the expression law is used in terms of the land it is considered strict and stern. The law is put in place to have rule in the lad, Guide the human population on how to conduct oneself and give justice to those wronged. Law can be categorized in many categories, but is Classified into three main categories: * Criminal and Civil Law * Public and Private Law * Substantive and Procedural Law Civil Law According to Canadian Superior Courts Judges Association (CSCJA) civil law deals with disputes between parties, or negligent acts that cause harm to others. There is not much evidence needed to uphold a civil claim, but balance of probabilities. Civil law is classified in several groups: The Law of Tort- a tort is defined as a civil wrong; a tort is a remedy to individuals who have been wronged or harmed by obstructive actions of others. Torts laws are separated into main components Nuisance, Negligence, Defamation and Trespass. There are two types of nuisance, public nuisance and private nuisance. Legal institute states that “A public nuisance is when a person unreasonably interferes with a right that the general public shares in common” and “A private nuisance is when the plaintiff's use and enjoyment of her land is interfered with substantially and unreasonably through a thing or activity.” Negligence...
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...year law student. I am writing this letter to explain how the legal classification has assist me in developing the competency for this quarter (i.e. Legal analysis) furthermore I will explain about the public and private law distinction which is in crisis and at last, I have made a table that classifies my first year subjects in three different categories which are: public law, private law and International law. Classification of law has played a major role for me in developing the competency for this quarter; legal analysis is the specific competence that enables us to understand the legal issues (legal questions) and applying the legal rules to the relevant facts so that we can come to a conclusion....
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...4 Classifications of Law There are four different classifications of law that are found around the world. In this brief article I will explain the differences that make up the four classifications of law. 1. Substantive of laws vs. Procedures of laws- Substantive of law is the substance that makes up a law. It is the meaning of a law that explains what you can and cannot do. For example the law states that you cannot murder another human being unless it was in self defense, you were under duress, or if you were drugged by another person. Unlike substantive of law, procedures of laws are just the steps that must take place when filing a lawsuit against another party. 2. Public vs. Private Law- Public law simply means that the government is involved. Public law is any law that has to do with the constitution and the public. This type of law normally involves a criminal suit were the government is prosecuting a citizen for a crime they allegedly committed. Private laws are laws that do not involve the government, and are laws that allow one private entity to sue another private entity in a civil lawsuit. 3. Criminal vs. Civil Law- Criminal law was created to protect the public from the government or from themselves. Criminal laws were created so that the government could not prosecute individuals without due process and so that the public could protect themselves from each other. Civil law are cases where one or both parties are looking for compensation instead of jail time. Civil...
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...Mark Cheng 1. What are suspect classifications and what is meant by strict scrutiny? The suspect classifications most frequently at issue are racial classifications. Traditionally, race and national origin were the only suspect classifications. For a time, however, it appeared that alienage would be viewed as a suspect classification as well, and classifications based on alienage would therefore be subjected to the strict scrutiny standard of review. However, such extensive exceptions have been made to the use of strict scrutiny in cases involving laws which discriminate based on alienage that it too has essentially been relegated to the realm of intermediate scrutiny (with laws that discriminate on the basis of gender). So far, no classifications other than those based on race and national origin have been squarely labeled “suspect” by the Supreme Court, but it is important to know that the door is open. It is also important to note that while no other types of classifications have been deemed “suspect,” the same strict scrutiny standard applied to these classifications is also applied to laws which burden fundamental rights regardless of who is burdened or whether a suspect classification is used. In order to apply the strict scrutiny standard based on the use of a racial classification, the classification must be (1) purposeful, and (2) invidious. We will address each in turn. For a court to apply strict scrutiny, the legislature must either have significantly abridged...
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...Different countries have different output despite whether the accountant follow a set of rules. This is because, even though accountant follows a set of rules, there are still possibilities that the set of rules does not covers every aspects in detail. This had led to room for professional judgements. It will be based on accountant’s judgement. The differences is not only between countries but it could differ within the country as well especially for Multinational enterprises (MNEs) it could be complicated as it involved different countries. MNEs can be defined as companies who offer products or services internationally. For instance, company XYZ’s headquarter is in Malaysia while its branch is in China. The existence of MNEs can be explained by Dunning’s eclectic paradigm. Firstly because the companies can gain access to assets that will gives them competitive advantages over local firms. Secondly due to the extent to which relative transaction cost make it appropriate for the companies to use such advantages themselves instead of to license or franchise to other firm and lastly, the existence of MNEs because of relevant cost and the government policies that encourage companies to perform production in other countries. MNEs can be classified into three groups: resource-seeking, market-seeking and efficiency-seeking. Resource-seeking is the search of resources in other country. While companies with market-seeking, they tend to establish subsidiaries. Those subsidiaries play...
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...Data Classification and Privacy: A foundation for compliance Brian Markham, CISA University of Maryland at College Park Office of Information Technology Goals for today: Give you a solid understanding of both Data Classification and Data Privacy with respect to compliance; Link data classification and privacy to ongoing compliance issues; Discuss various best practices, methodologies, and approaches that you can take with you; Do my best to answer any questions you may have on audit related issues regarding these topics. So...who am I? IT Compliance Specialist @ the Office of Information Technology at UMCP Responsible for audit and compliance initiatives within OIT Formerly employed by KPMG LLP and Grant Thornton LLP as an IS Auditor Have worked with many federal, state, and local governments as well as public companies, hospitals, and not-for-profits. Why do we want to be in compliance? No one likes audit findings; Reduces organizational risk; Processes based on best practice and widely adopted standards are more effective than ad-hoc processes; Systems and data are more secure as a result of good internal control practices. What is Data Privacy? Data Privacy - the relationship between technology and the legal right to, or public expectation of privacy in the collection and sharing of data. The U.S. has trailed the E.U. and other countries in data privacy regulations and legislation; Passed Legislation: HIPAA, Gramm-Leach-Bliley, COPPA; Proposed Legislation: Data...
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...DISCRIMINATION LAW IN INDONESIA Age Discrimination is common, especially in applying work. Companies are more likely to interview young people than those who are old. In fact, there are several other discrimination that can not be written here. Race Discrimination is often the case where-where that because some people do not like a different race. Or prohibit a race to get into a group that is because he is a hated race. Religion This discrimination is very often occurs mainly in Indonesia due to the residents who are holders of a religion that eventually gave birth to hatred against other groups. Gender This discrimination often occurs in everyday life and in the life of a career. But gradually this type of discrimination begin to be overcome with time. Physical and Spiritual Health Each work is needed healthy workers both physical and spiritual. But if the job does require a person with a disability? A lot of office work can actually be done by workers who have disabilities such as limb defects. By reading these terms, for people who have a physical disability, he felt eliminated and it seems there is no place to work for people who have physical disabilities. Terms of the sexes Since we take values of equality between men and women, should no longer exist job discrimination between men and women. Do women are not worthy of holding the position of manager or become a driver of heavy vehicles? In Singapore, many women who became a taxi driver. Requires a certain age....
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...of the federal government Constitution ensures that each branch maintains a separate sphere of power to prevent any one of them from obtaining undue power and monopolizing government control Constitution also establishes a system of checks and balances Each branch’s powers keep the other branches from dominating the government Constitution does not explicitly allow courts to review legislative and executive actions to determine whether they are constitutional, but early common law established a process called judicial law Judicial law is the power of a court to review legislative and executive actions, such as a law or an official act of a government employee or agent, to determine whether they are constitutional Established in 1803 U.S. Supreme Court case Marbury v. Madison Also allows courts to review constitutionality of lower courts’ decisions Supremacy clause, located in Article VI of Constitution, provides that the Constitution, laws, and treaties of the U.S. constitute the supreme law of the land...
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...Matter of Auer v. Dressler Brief Facts: The President of R. Hoe & Co, Inc., refused to call a special meeting requested by Petitioners, class A stockholders. The trial court granted the mandamus to compel the special meeting Rule of Law: Class A stockholders have a right to call a special meeting to be heard on their disproval of management decisions, to elect and remove directors and to amend bylaws. Facts: Petitioners submitted a written request for a special meeting of class A stockholders to R. Hoe’s & Co., Inc.’s President, as permitted under the company’s bylaws. After the President failed to call a special meeting, Petitioners brought this present proceeding to compel it.The President claims that he failed to call a class A stockholder’s special meeting because the demand for the meeting was made by more than class A stockholders and none of the purposes given by Petitioners were proper grounds to call such a meeting. Petitioner’s primary purpose was to endorse and reinstate the former President, to hear charges against four of the class A directors, to remove them if the charges were proven, and to amend the by-laws so that the successor directors be elected by the class A stockholders and to require and that an effective quorum of directors be made up of no fewer than half of the directors in office and no fewer than one third of the whole authorized number of directors. The trial court granted the mandamus to compel the special meeting for the purposes...
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...2014年4月18日 The Role and Functions of Law in Business and Society - Yahoo Voices - voices.yahoo.com Voices Search News Sports Tech Travel All Categories Sign in Mail Entertainment Auto Business Creative Writing Health Legal Home Improvement Lifestyle Business to Business Careers & Job Searching Marketing Nonprofit Information Real Estate The Role and Functions of Law in Business and Society Melissa Bushman, Yahoo Contributor Network Feb 10, 2007 Related Results Investment Advice Find, com pare & read real rev iews of financial planners www.StartLocal.com .au Need A Voice Over? Post a Job & Get Free Quotes Today ! Voices.com MORE: Criminal Law Civil Law Executive Orders Constitutional Law Traffic Court $1,339 Monthly Dividends Flag Post a comment This sim ple strategy is m aking m e $1 ,3 3 9 on av erage per m onth. www.GlobalDiv idends.com Sponsored Results Introduction Law plays a significant role in the successful operation of business and society. Laws regulate social behavior, which leads to a society that runs efficiently. Laws also supply ethical standards and expectations, while providing rules of conduct, measures to enforce those rules, and a means for settling disputes. Other functions of law include: peacekeeping; checking government power and promoting personal freedom; facilitating planning and the realization of reasonable expectations; promoting economic growth through free competition; promoting social...
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...Classifications of Law The classification of law starts with the understanding of the two major legal systems, common law and civil law. Common Law is the legal system that emphasizes the role of judges in deciding the meaning of laws and how they apply as a whole. Civil law is relies more on legislation than judicial decisions to determine what the law is. Like common law nations decide the facts in a disputed case, but civil law courts are not obligated to follow recent judicial decisions or presidents. (O. Lee Reed, 2013) The famous trial of MacPherson v. Buick Motor Co. in 1916 in which Judge Benjamin Cardozo based his decision on a similar case that was tried about a year earlier against the makers of Cadillac. These cases involved a wheel that was defective that was not made with their own manufacturer but bought from another. This would be an example of common law because Buick sold a defective product that could cause harm and the judge decided that Buick was at fault with not using there said manufacturer (Strauss, 2007). An example of Civil Law would be if you lived in Kansas and purchases a car, in this state you must car insurance in order to get that car titled. One day your car catches on fire and totals the car out. You have a contract with your insurance company where they will pay for the damage as long as you pay the premiums and do not commit fraud and file false accident reports. This would be a type of civil law called Contract Law; it is the insurance...
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...District Office, Information Security Public Page 1 of 3 Data Classification Standards Purpose: To protect the confidentiality, integrity, and availability of Pima Community College data – pursuant to Data Trusteeship (SPG-5702/AB) and Security of the Information Technology Infrastructure (SPG-5702/AC) – through the identification of information that requires protection. Audience: All members of the Pima Community College community, including faculty, staff, and students. Sponsoring Unit: Vice Chancellor of IT, 2008. I. Definitions A. Responsible parties Data Trustees: Per SPG-5702/AB: “The accuracy and completeness of the data within the Enterprise Resource Planning systems are the responsibility of functional units of the College. All student information and grants systems data are assigned to the Office of the Provost. All finance data and payroll modules are assigned to the Office of the Executive Vice Chancellor of Administration. All human resources data, except payroll, are assigned to the Vice Chancellor of Human Resources. Data Stewards: Deans, vice chancellors, assistant vice chancellors, directors, managers or others as identified by the data trustees to manage a subset of data. Data Processor: Any individuals who have been authorized by a data steward to create, remove, or modify data. B. College data types The assessment criteria for the following classifications were derived from the National Institute of Standards and Technology...
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...Performance and Actions of Law Name Course Date Instructor Performance and Actions of Law Albert Einstein according to BrainyQuote once said, “Nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced,” (para. 1). Laws are intended to be a model and regulations make use of common sense. However, an individual may argue that a law is carried through ethics. Laws perform and actions enforce the law in business as well as in society. Meaning of Law According to Bryan Gates Attorney at Law (n.d.), “law is the set of rules that guides our conduct in society and is enforceable through public agencies,” (para. 2). Some rules of conduct according to Bryan Gates Attorney at Law (n.d.), “are considered so important that they are enforced through the government,” (para. 3). Fundamentally law is the benchmark and authority assist in executing conduct, supervising disputes as well as grasping illegal activity. Roles of Law The law delivers several directions in society as well as business. This is most credible in three arrangements. Criminal law is one classification where the law is a social charge of crimes and is arraigned by governing bodies (Melvin, 2011). Along with criminal law civil law is when private affairs may bring lawsuits against one another for wrongdoings (Melvin, 2011). For example, if an individual causes destruction to property or to a person the civil law would be the lawsuit that...
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...Government of Hong Kong v. Judge Olalia Facts: Juan Muñoz was charged before a Hong Kong Court with several counts of offenses in violation of Hong Kong laws. If convicted, he faces a jail term of 7 to 14 years for each charge. After Juan Muñoz was arrested in the Philippines, the Hong Kong Special Administrative Region filed with the RTC of Manila a petition for the extradition of Juan Muñoz. On December 20, 2001, Judge Olalia of RTC-Manila allowed Juan Muñoz to post bail. However, the government of Hong Kong alleged that the trial court committed grave abuse of discretion amounting to lack or excess of jurisdiction in admitting him to bail because “there is nothing in the Constitution or statutory law providing that a potential extraditee a right to bail, the right being limited solely to criminal proceedings.” Issue: Whether Juan Muñoz, a potential extradite, be granted bail on the basis of clear and convincing evidence that he is not a flight risk and will abide with all the orders and processes of the extradition court Held: Yes. In a unanimous decision, the SC remanded to the Manila RTC, to determine whether Juan Muñoz is entitled to bail on the basis of “clear and convincing evidence.” If Muñoz is not entitled to such, the trial court should order the cancellation of his bail bond and his immediate detention; and thereafter, conduct the extradition proceedings with dispatch. “If bail can be granted in deportation cases, we see no justification...
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