...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 law covers anything that criminal law does not cover in the court system. 4. Common vs. Civil law countries- Common law countries prosecute with the concept of...
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...Scenario Involving Civil Liability and Civil Action Jacquelyne Anderson Professor Phillip Edwards CJ499-01 September 14, 2014 In this scenario project I will identify four alleged crimes and one criminal civil action. In addition, I will apply principles involving criminal law relevant to the criminal justice practice, and I will demonstrate my understanding of civil liabilities relative to criminal justice agencies, and practitioners. Furthermore, I will identify case laws relevant to the possible civil action that could be brought against the police officer, the department and the city. After addressing these issues, I will have described a scenario involving a civil liability and a civil action. When identifying the four alleged crimes and the one criminal civil action, regarding this scenario project, the four alleged crimes are: 1) attempted robbery, 2) drug possession, 3) carrying a gun, and 4) assault and battery. After speaking to a female victim, Officer Jones noticed an individual who partially fit the description, and walked toward them. Officer Jones identified himself, and told the individual to stop. Unfortunately, this individual did not stop, and kept on walking from the officer, and the officer shouted again identifying himself, but this time the individual stopped. When the individual stopped he looked at the officer and there was a big bulge in his right pocket, but refused to put his hands where the cop could see them. The subject began...
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...Criminal vs. Civil Law Jennifer M. Martin Kaplan University Professor Hardgrave 9pm Criminal vs. Civil Law The American Legal System consist of two types of case laws. They are civil and criminal case laws. In Civil case, it begins when a person or entity (plaintiff) claims a person or entity (defendant) didn’t fulfill their legal obligation to the plaintiff. Whereas, Criminal case begins when a Government (United States Attorney or States Attorney) prosecutes a defendant if charged with a state or federal crime. In this essay, I will discuss the difference between the two case laws. (Cheeseman) The punishment in criminal law begins when anyone who is found guilty of a crime, whether misdemeanor or felony, will result in punishment by incarceration, fines, probation or even in some states death penalty if was results in deaths. For example, when someone is sentenced to so many years in jail for a felony robbery or murder. Whereas, Civil law the defendant is remanded by the court to pay restitution with no incarceration. For example, when Capital One takes a client to court for defaulting on his or her agreed contract to pay on the credit card. The court may have the defendant pay restitution to the plaintiff, which is Capital one. The standard proof of crimes must be proved beyond reasonable doubt. Meaning, when the accused is being prosecuted, the prosecutor has to prove whether or not the defendant is guilty or not. When there is beyond reasonable doubt between the...
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...Which makes one person better and more important than the other depending on the court they are trailed in. In the civil courts, it is all about the accuser and with the criminal courts, it is all about the accused. It should not be like this because everyone deserves fair trails because both are human with human rights. The middle ground makes sure that is clear. It takes the best of both sides and brings it together. This will reduce some of the controversy surrounding this issue. The most important thing is that both persons feel like the trail was fair and with this approach, it makes that very possible. Peer sexual assault is a difficult problem to solve. Civil courts say that the focus should only be on the accuser. Criminal courts say the focus should only be on the accused. With these very different sides, there is much controversy caused due to these factors. It is important that both receive a fair trial because they both have a future at stake; the decision made could be life changing. The alternative is having it trailed at the highest standard within the civil courts. This alternative allows for both people to receive a fair trial. With that, it will lead to less...
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...Federal Court vs. NC State Court Danielle Paul CJS/220 06/05/13 Reginald Anthony Federal Court vs. NC State Court The NC state court system structure is as follows: the highest court is the Supreme Court, then the Court of Appeals, Superior Court and District Court. The Supreme Court hears mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile and disciplinary cases, as well as discretionary jurisdiction in civil, criminal, administrative agency, juvenile, advisory opinions for the executive and legislature. The court of Appeals hears mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile, disciplinary, original and interlocutory proceeding cases, Superior court hears tort, contract, real property rights, miscellaneous civil cases, exclusive estate, administration agency appeals jurisdiction, felony, misdemeanor and criminal appeals. District Court hears tort, contract, real property rights, small claims, mental health, civil jurisdiction, domestic relations, misdemeanor, DWI/DUI, traffic violations, juvenile jurisdictions and preliminary hearings. The Federal Court system consists of the Supreme Court, being the highest, District Court, and Appellate Courts. The U.S. Supreme Court hears a limited number of cases that usually start in the federal or state courts and are usually concerning questions about the Constitution or federal law. The District Courts are the trail courts of the federal...
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...American Criminal Court System Kabie Goss CJA/224 July 14, 2014 Samyra Hicks American Criminal Court System When thinking about the American Criminal Court System, there is a lot to think about. Most cases are not just opened and closed in one day like they are on television, and there are different courts to handle different situations. In this paper I will be describing what a court is and its purpose, as well as defining what the dual court system is. I will also describe the role that early codes, common law, and precedent played in the development of courts. Lastly, I will identify the role of the courts in criminal justice today. Court and its Purpose Merriam-Webster defines a court in three different ways, but they all seem to intertwine. The first definition is; “a formal legal meeting in which evidence about crimes, disagreements, etc., is presented to a judge and often a jury so that decisions can be made according to the law.” The second being, “a place where legal cases are heard.” The third definition states, “An official group of people (such as a judge and jury) who listen to evidence and make decisions about legal cases.” There are many different types of courts at the local, state, and federal level. Courts can hear both civil and criminal cases. The purpose of the court is to settle legal disputes whether civil or criminal, through a legal process, while protecting the rights and liberties of everyone involved, and to administer justice...
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...concept of Medical Negligence, in both civil and criminal aspects Introduction Disease, its cause, what may abate the ill: Let leech examine these, then use his skill- Kural All professions are noble as long as they are performed honestly. Professionals like Doctors, Lawyers, Teachers etc. are in the category of persons professing special skills. Any man practicing a profession requires particular level of learning, which impliedly assures a person dealing with him, that he possesses such requisite knowledge, expertise and will profess his skill with reasonable degree of care and caution. It should be taken in to consideration that the professional should command the “corpus of knowledge” of his profession. Since long the medical profession is highly respected, but today a decline in the standard of the medical profession can be attributed to increasing number of litigations against doctors for being negligent narrowing down to “medical negligence”. Public awareness on medical negligence in India is growing. Hospital managements are increasingly facing complaints regarding the facilities, standards of professional competence, and the appropriateness of their therapeutic and diagnostic methods. The health service has been under the purview of the Consumer Protection Act, 1986 and subsequently the commercialization of the health sector has had adverse effects on doctor and patient relationship. The landmark case Indian Medical Association Vs. V.P.Shantha brought the medical...
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...ALBINO CUNANAN, ET AL., petitioners. Resoluti, 1954on March 18 Facts: Congress passed Republic Act Number 972, commonly known as the “Bar Flunkers’ Act of 1953.” In accordance with the said law, the Supreme Court then passed and admitted to the bar those candidates who had obtained an average of 72 per cent by raising it to 75 percent. After its approval, many of the unsuccessful postwar candidates filed petitions for admission to the bar invoking its provisions, while other motions for the revision of their examination papers were still pending also invoked the aforesaid law as an additional ground for admission. There are also others who have sought simply the reconsideration of their grades without, however, invoking the law in question. To avoid injustice to individual petitioners, the court first reviewed the motions for reconsideration, irrespective of whether or not they had invoked Republic Act No. 972. Issue: Whether or Not RA No. 972 is constitutional and valid. Held: RA No. 972 has for its object, according to its author, to admit to the Bar, those candidates who suffered from insufficiency of reading materials and inadequate preparation. In the judicial system from which ours has been evolved, the admission, suspension, disbarment and reinstatement of attorneys at law in the practice of the profession and their supervision have been indisputably a judicial function and responsibility. We have said that in the judicial system from which ours has...
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...Susongsha 1 1 Susongsha Shrestha Sherry Sharifian Govt 2305 February 11, 2018 Civil Rights and Civil Liberties According to Benzine, civil liberties are limitations placed on the government. They prohibit the government from carrying out activities that infringe people's freedom. The First Amendment provides freedom of religion and hinders government interference. In contrast, civil rights are restrictions on the powers of the majority. They prevent people from making decisions that benefit them at the expense of others. They are assurances of equal conditions by the government. They protect minorities from discrimination by the majorities. An example is same-sex marriages. It seems like a civil liberty issue except not all individuals can...
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...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 company’s job to pay when something happens...
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...OF CRIMINAL PROCEDURE CODE Criminal Procedure Code, 1973, S.2(g) - Inquiry - “Every inquiry, other than a trial, conducted under this Code by a magistrate or court” refers to the pre trial inquiry. (Pritish Vs State of Maharashtra) 2002(2) Criminal Court Cases 174 (S.C.) Criminal Procedure Code, 1973, S.2(g) - Inquiry - Trial - Inquiry is defined by section 2 (g) as 'every inquiry, other than a trial' - Trial not defined - Trial is clearly distinguishable from inquiry - Trial is distinct from inquiry and inquiry must always be a forerunner to the trial. (Moly & Anr. Vs. State of Kerala ) 2004(2) Criminal Court Cases 514 (S.C.) Criminal Procedure Code, 1973, S.2(g) - Trial and enquiry - Distinction - Trial is distinct from inquiry and inquiry must always be a forerunner to the trial. (Vidyadharan Vs State of Kerala) 2004(1) Criminal Court Cases 516 (S.C.) Criminal Procedure Code, 1973, S.2(h) - “Investigation” - It includes all the proceedings under the Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf - It ends with the formation of the opinion as to whether on the material collected, there is a case to place the accused before a Magistrate for trial and if so, taking the necessary steps for the same by filing of a charge-sheet under Section 173 Cr.P.C. (Union of India Vs Prakash P.Hinduja & Anr.) 2003(2) Apex Court Judgments 205 (S.C.) Criminal Procedure...
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...operative word: Price. If you have ever read a criminal statute, you immediately notice that the act that it criminalizes is never actually forbidden. You never see a sentence such as "The act of X is hereby forbidden." Instead, you see a sentence such as "Anyone who does X shall be sentenced to..." The spirit of such statutes is clearly evident. They aren't intended to keep people from doing these forbidden acts. Instead, they are intended to make the PRICE of doing said acts so high that no one wants to do them. Anyone who wants to do those acts must now weigh the risks of getting caught and the criminal...
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...made under it, “shall be the supreme Law of the Land”. These laws affect all persons and entities on a daily basis. In this paper I will specifically deal with the laws related to business and the authority bestowed upon the Congress under Article 1 section 8 of the Constitution, also known as the Commerce clause, and how those powers are addressed in the case of Cipollone v. Liggett Group, Inc. et al., 505 U.S. 504 (1992). Cipollone v. Liggett Group, Inc. et al., 505 U.S. 504 (1992). In the case of Cipollone vs. Liggett, the plaintiff, Cipollone, filed a lawsuit against tobacco manufacturer Liggett for violating New Jersey State statutes dealing with consumer protections (Melvin, 2011). The case was heard by the United States Supreme Court because of the contention that the New Jersey statutes were in conflict with United States federal law. The authority of the Court to hear a case of conflict between federal and state laws was spelled out in the case titled Marbury vs. Madison(1803) which gave the Court the power of judicial review of any laws thought to be in conflict with the US Constitution. The court ultimately ruled against the plaintiff finding that the New Jersey statutes did conflict with Federal law and were preempted because of this conflict. Commerce Clause The Commerce Clause of the US Constitution is found in Article 1, section 8 which states that the US Congress will have the power to regulate commerce between the States. As the Constitution also states that...
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...Criminal Defenses One of the greatest rights afforded to the America people is the right to be considered innocent until proven guilty in the court of law. It is the job of the prosecutor to prove to the people, to the jury, and to the court that the accused is guilty of a crime. If the prosecutor has a valid case, the accused, either on his or her own or accompanied by a skilled attorney, can present various defenses to argue why they acted in the manner they did. Schmalleger (2010, pg. 114) states, “A defense consists of evidence and arguments offered by a defendant and his or her attorney(s) to show why that person should not be held liable for a criminal charge”. This paper will discuss various forms of criminal defenses and how they are used in court. Justification Defense While the courts usually require the prosecutor to prove beyond a reasonable doubt that the defense is guilty of a crime, the defense can take an offensive role in their trial by taking an affirmative defense. Instead of sitting back and waiting for the prosecuting attorney to attempt to prove the defendants guilt, the defendant can “fight” back with defenses. The following are types of affirmative defenses: Necessity The defense of necessity claims that the defendant believes it was necessary to commit the criminal act in order to prevent or avoid great harm (Schmallege, 2010 pg 116). An interesting case that was upheld as a good defense of necessity was people vs. lovercamp (1974) where inmate...
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...[pic] TABLE OF CONTENTS Page Introduction ………………………………………………………………………………. 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...
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