What Is The Purpose Of Civil Law

Better Essays
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

Related Documents

  • Decent Essays

    This hearing determines if there is sufficient evidence that exists against an offender to continue the criminal justice process. The judge in this step searches for a probable cause to prove a crime was committed and the suspect accomplished doing so. Nevertheless, if a probable cause is determined, the accused suspect is held for trial on the information, which results in formal charging. In federal cases and other states, there is a grand jury that is empanelled to determine if there is enough evidence to file indictment charges against the suspect with the crimes. However if the grand jury finds there is sufficient evidence to warrant a trial it issues a true bill, if not it issues a no bill and he or she is filtered out of the criminal justice network (Appalachian State University, n.d).…

    • 1283 Words
    • 6 Pages
    Decent Essays
  • Decent Essays

    In a civil case a person or company asks a judge to settle their problems. The problem could vary to things like a problem concerning an inheritance, involving a contract, or a family problem, such as a divorce or custody of children. In this case a person can ask a judge for repayment for damage suffered because someone’s fault. There are more differences than there are similarities. When starting a criminal case, the government takes a case against the person accused of the crime.…

    • 539 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    Courtroom Observation

    • 1519 Words
    • 7 Pages

    The prosecutor would sometimes ask questions to specifically one juror or to groups. They would ask questions if they had any bias like for example, with police officers. The jurors were then asked if they can put their bias aside. The prosecuting counsel would ask if anyone had any feelings about glasses hut’s and clarified they had to set them aside. The prosecutor used a rape hypothetical as follows, if there was no evidence, but the victim was credible enough would they say the defendant was guilty or would you require more witnesses.…

    • 1519 Words
    • 7 Pages
    Decent Essays
  • Decent Essays

    Jury Decision Making Essay

    • 1199 Words
    • 5 Pages

    Typically jurors enter a trial setting believing that the defendant is guilty. It is the opposing legal counsel’s argument that sways their opinions. Overall, the prosecutor’s opening arguments; the jurors’ initial impression of the defendant(s) and the jurors’ personal values from an initial influence. The jurors use these stimuli to evaluate the case as the counselors present new statement and evidence, continually renewing this process through the trial. Once the juror had formed an opinion it is unlikely that they will change the verdict they…

    • 1199 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    First, the prosecutor will analyze the evidence that is gathered and decide whether to press charges or not. If he or she decides to press charges the offender will be scheduled for their first appearance in court. In their first appearance in court the accused will be notified of the charges that are being brought against him or her. Here they will also be read their rights and assigned an attorney if they cannot afford one. The next step is the bail or bond stage.…

    • 1580 Words
    • 6 Pages
    Decent Essays
  • Decent Essays

    Interrogation Case Study

    • 1027 Words
    • 5 Pages

    With this technique, the interrogator does an interview with the suspect to determine if they display any verbal or nonverbal signs of guilt (Frantzen, 2010). If the interrogator is confident in the presence of guilt, the aim shifts to obtain a confession (Dixon, 2010). Here the tactics used are designed to minimize guilt and put emphasis on any available evidence and the suspects need for cooperation (Frantzen, 2010). Psychological pressure is put onto the suspect in order to build anxiety and push them to give up the truth. It is then up to the interrogator to read the body language of the suspect and sift through for the truth (Dixon, 2010).…

    • 1027 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    Preliminary hearings are conducted after an individual has been arraigned in the court. It is a process where the judge determines whether there is enough evidence for the case to be presented. Using a legal standard known as probable cause, the judge determines whether the government has provided substantial evidence that can reasonably convince a jury of the fact that the defendant has committed the crimes in question (Montemayor, 2014). A suspect is entitled to a preliminary hearing to ensure that he or she is protected from irrational arrest and detention. Therefore, substantial evidence must be provided to hold the defendant for trial.…

    • 287 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    Before the suspect is even offered the plea bargain, the pretrial has begun to hear the indictment and allow the defendant to enter a plea. Once, the defendant entered the plea the prosecutor has the power to decide if the case is worth prosecuting. Prosecutor will then decide on what the charges will be and at this point certain criteria needs to be met. The criteria that needs to be met is: They found a crime has been committed; the criminal can be identified; and there is enough evidence for a guilty charge. The prosecutor, who is the most powerful in the administration of justice, will meet with the defense attorney, defendant, and in some jurisdictions the judge, to come to an agreement on the sentence.…

    • 685 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    The prosecutors are attorneys, who speak for the state or federal government during the whole entire court proceeding. Prosecutors examine the evidence that is presented to them by the police to determine whether there should be files charged or dismissed. These individuals bestow information in court, interrogate spectators, and determine whether to work out a plea bargain with the offender. Prosecutors have tremendous judgment, or immunity, to make judgments about how to litigate the lawsuit. When it comes to the defense attorneys, these are the individuals, who unlike the prosecutors protect the offenders.…

    • 1072 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    Antoine Jones Case Summary

    • 1772 Words
    • 8 Pages

    Introduction The US justice systems can be described through a critical analysis of a case law. The legal researcher is supposed to understand the police procedures applied in the case investigation and arrest, the court proceedings and the punitive measures applied. The model of thought that the jury applies, the defence that the defendant uses, and the process the plaintiff presents facts and evidence are given keen consideration (Reichel, 2002).This paper uses US Supreme Court case (US v JONES, 2012) where a suspected drug trafficker was found guilty and punished to a life sentence in a bid of understanding the US justice systems. Description of the case Antoine Jones, was a suspect identified as a prime suspect in some cases of drug trafficking. The government investigated the issue through the involvement of the FBI agents and metropolitan police.…

    • 1772 Words
    • 8 Pages
    Decent Essays

Related Topics