Question one of this essay will seek to show how legislation and morality are not only seen as a false dichotomy, but essential for social cohesion. This will be further expanded to show procedural difference between private and public law with the individual.
Question two will seek to show the legal relationship between the citizen and the state through different legal systems. Those systems being statutory and civil legislation with accountability under a duty of care.
Laws are sets of compulsory legal and social rules controlling our daily interaction between citizens and the state. They regulate moral conduct and acceptable behaviour through sanctions.
Morality imposes a sense of ethics on the individual through culture and custom.
Morality …show more content…
The United Kingdom has both public (legislation) and private (civil) law. Public law is judged in both the criminal Magistrates/Crown court and County Court for private law. .
The legal system of the United Kingdom is common law established through Stare decisis. Unlike the United Kingdom Europe is a civil law jurisdiction and has a codified constitution. The only characteristics left between civil and English common law are private, public and criminal law.
Both criminal and civil court judgements can be appealed to the High court, the United Kingdom Supreme Court, and ultimately the Court Of Justice European Union.
Public law affects every citizen equally such as theft or murder and looks after the public interest. They are designed to regulate behaviour between the individual and the state through punishment, rehabilitation and deterrent. Primary Legislation has to be compatible with not only our own uncodified constitution, but also European …show more content…
It will be the state that prosecutes the individual under criminal law and the private individual who implements a claim through the civil court
Private laws are non-criminal and deal with the individual and organisations. These laws are considered to be the most important source of law through Stare decisis. They can be contract, negligence or family disputes. Private law is designed to compensate for a tortious act, which is compensate any individual back into a position before any tort transgression.
With both private and public law an individual can be held equally accountable for the same transgression. Res judicata shall not apply under common law when already judged in the public court. The doctrine of Double jeopardy will only apply to public law prosecutions.
A hypothetical situation will be a railway crash causing fatalities through negligence. The directors of the train company can be prosecuted under corporate criminal liability.
Corporate Manslaughter and Corporate Homicide Act
Question two will seek to show the legal relationship between the citizen and the state through different legal systems. Those systems being statutory and civil legislation with accountability under a duty of care.
Laws are sets of compulsory legal and social rules controlling our daily interaction between citizens and the state. They regulate moral conduct and acceptable behaviour through sanctions.
Morality imposes a sense of ethics on the individual through culture and custom.
Morality …show more content…
The United Kingdom has both public (legislation) and private (civil) law. Public law is judged in both the criminal Magistrates/Crown court and County Court for private law. .
The legal system of the United Kingdom is common law established through Stare decisis. Unlike the United Kingdom Europe is a civil law jurisdiction and has a codified constitution. The only characteristics left between civil and English common law are private, public and criminal law.
Both criminal and civil court judgements can be appealed to the High court, the United Kingdom Supreme Court, and ultimately the Court Of Justice European Union.
Public law affects every citizen equally such as theft or murder and looks after the public interest. They are designed to regulate behaviour between the individual and the state through punishment, rehabilitation and deterrent. Primary Legislation has to be compatible with not only our own uncodified constitution, but also European …show more content…
It will be the state that prosecutes the individual under criminal law and the private individual who implements a claim through the civil court
Private laws are non-criminal and deal with the individual and organisations. These laws are considered to be the most important source of law through Stare decisis. They can be contract, negligence or family disputes. Private law is designed to compensate for a tortious act, which is compensate any individual back into a position before any tort transgression.
With both private and public law an individual can be held equally accountable for the same transgression. Res judicata shall not apply under common law when already judged in the public court. The doctrine of Double jeopardy will only apply to public law prosecutions.
A hypothetical situation will be a railway crash causing fatalities through negligence. The directors of the train company can be prosecuted under corporate criminal liability.
Corporate Manslaughter and Corporate Homicide Act