Source and Purpose of Civil Law
Historically, civil law is derived from Rome’s Corpus Juris Civilis and France’s Code Napoleon (Emerson, 2009). It is founded on English common law. Notably, civil law systems are founded on legislative codes rather than judicial precedents. These codes are comprehensive and authoritative collections of rules that cover principal subjects of law. Currently, the main sources of civil law include academicians and legislative bodies. According to Schubert (2014), civil law codes are based on theory, philosophy, and abstract principles. The main purpose of civil law is to provide compensation for loss or damages incurred.
Source and Purpose of Criminal Law
Criminal laws are set of laws, a contravention of which constitutes …show more content…
Notably, the law of tort creates standards that certain people reasonably embrace (Halbert & Ingulli, 2012). Plaintiffs (businesses or employees) rely on the law of tort to convince the judge to award them monetary damages. For instance, the judge compels companies to pay damages to another after it infringes copyright, patent or trademark rights (Morrison, 2015). On the other hand, plaintiffs rely on the law of contracts to convince the judge to compel the defendant to execute contractual obligations or pay substantial monetary damages (Emerson, 2009).
Implications of Criminal Law to Business
The implications of criminal law to business are based on the legality and effects of business activities to the public (Schubert, 2014). Activities such as unfair competition, operating unlicensed businesses, and tax evasions are charged under criminal law. Notably, the purposes of antitrust laws are to restrain the existence of monopolies and restrictive businesses practices such as price fixing in the market (Morrison, 2015). Thus, criminal law facilitates fair and smooth run of businesses.
Steps of Litigating a Civil Case through the Judicial …show more content…
The dissatisfied party moves the Motion for Judgment Notwithstanding the Verdict based on insufficient damages, disputable jury verdict, use of unreliable evidence, newly discovered facts, clerical error or interest of justice (Schubert, 2014).
Relief. The winner receives monetary compensation payable by the loser.
Steps of Prosecuting a Criminal Case through the Judicial System
Investigations. Using report from the public or one 's initiative, the investigator starts the investigation (Offices of the United States Attorneys, n.d.).
Charging. The prosecutor study facts presented by the investigators. If the suspect has a case to answer, the prosecutor presents the case to the jury. Then, the court sends a formal notice with charges to the suspect.
Arraignment: The suspect is arrested and charged before a judge. The court informs the suspect of his/her constitutional rights such as a right to have an attorney. Further, the court informs the suspect whether he/she will be released or held in prison.
Discovery. The plaintiff and defense attorneys study the case facts and evidence presented. Besides, they converse with witnesses in order to develop their trial strategy (Schubert, 2014).
Plea bargaining. If the prosecutor has strong evidence, the defendant may plead guilty to get a lighter sentence or a dismissal of some
Historically, civil law is derived from Rome’s Corpus Juris Civilis and France’s Code Napoleon (Emerson, 2009). It is founded on English common law. Notably, civil law systems are founded on legislative codes rather than judicial precedents. These codes are comprehensive and authoritative collections of rules that cover principal subjects of law. Currently, the main sources of civil law include academicians and legislative bodies. According to Schubert (2014), civil law codes are based on theory, philosophy, and abstract principles. The main purpose of civil law is to provide compensation for loss or damages incurred.
Source and Purpose of Criminal Law
Criminal laws are set of laws, a contravention of which constitutes …show more content…
Notably, the law of tort creates standards that certain people reasonably embrace (Halbert & Ingulli, 2012). Plaintiffs (businesses or employees) rely on the law of tort to convince the judge to award them monetary damages. For instance, the judge compels companies to pay damages to another after it infringes copyright, patent or trademark rights (Morrison, 2015). On the other hand, plaintiffs rely on the law of contracts to convince the judge to compel the defendant to execute contractual obligations or pay substantial monetary damages (Emerson, 2009).
Implications of Criminal Law to Business
The implications of criminal law to business are based on the legality and effects of business activities to the public (Schubert, 2014). Activities such as unfair competition, operating unlicensed businesses, and tax evasions are charged under criminal law. Notably, the purposes of antitrust laws are to restrain the existence of monopolies and restrictive businesses practices such as price fixing in the market (Morrison, 2015). Thus, criminal law facilitates fair and smooth run of businesses.
Steps of Litigating a Civil Case through the Judicial …show more content…
The dissatisfied party moves the Motion for Judgment Notwithstanding the Verdict based on insufficient damages, disputable jury verdict, use of unreliable evidence, newly discovered facts, clerical error or interest of justice (Schubert, 2014).
Relief. The winner receives monetary compensation payable by the loser.
Steps of Prosecuting a Criminal Case through the Judicial System
Investigations. Using report from the public or one 's initiative, the investigator starts the investigation (Offices of the United States Attorneys, n.d.).
Charging. The prosecutor study facts presented by the investigators. If the suspect has a case to answer, the prosecutor presents the case to the jury. Then, the court sends a formal notice with charges to the suspect.
Arraignment: The suspect is arrested and charged before a judge. The court informs the suspect of his/her constitutional rights such as a right to have an attorney. Further, the court informs the suspect whether he/she will be released or held in prison.
Discovery. The plaintiff and defense attorneys study the case facts and evidence presented. Besides, they converse with witnesses in order to develop their trial strategy (Schubert, 2014).
Plea bargaining. If the prosecutor has strong evidence, the defendant may plead guilty to get a lighter sentence or a dismissal of some