¶ … American legal system consists of two types of cases, civil and criminal. Civil and criminal cases differ greatly from each other but also may share similarities in certain situations. Crimes are typically viewed as offenses against the state. These offenses are then prosecuted by the state. Civil cases are generally disputes between individuals or companies regarding the legal obligations and responsibilities owed between one another. Herein lies the main difference. Along with this there are several others to be discussed. In an uncommon case, the same conduct can produce civil and criminal liability.
How the system works is criminal law deals with looking after the interests of the public as a whole. This may involve punishing and rehabilitating offenders, as well as protecting society from harmful people. The government enlists the assistance of the police and prosecutor to put the criminal law into effect. How the government affords these services is through the use of public funds such as tax payer money. The chain of action for criminal cases are, someone reports a crime to the police and then it is their responsibility to investigate the matter and apprehend the suspect .
In most cases, if there is enough evidence for a charge and it has been properly presented, the Government, not the person reported the incident, prosecutes the case in court. This is called a system of public prosecutions. (Weston & Wells, 1976, p. 12) However Civil law concerns private disputes between individuals or between an individual and an organization/company/business or between organizations/companies/businesses. (Kelsen, 2006, p. 65) Civil law pertains to...
intrinsic relationship between common law doctrines of public and private nuisance and certain elements of contemporary legislation that pertain to public and private injury. Examples of the latter legislation include the Clean Air Act, the Clean Water Act, and other such mandates set up by the Environmental Protection Agency (McAdams, 2008, p. 57-58). In both of these instances, there is legislation regarding the infringement on the rights and access
Most importantly, these are the harm to reputation and false facts. Two subchapters are allocated to each of these aspects, with the chapter concluding with the description of different defenses and damages and other remedies. Chapter 9 discusses the issue of the wrongful invasion of privacy. Several potential cases of invasion of privacy are introduced, such as the public disclosure of private facts, the appropriation of the plaintiff's name or
Tort reform has been on the lips of politicians and attorneys for many years. In the United States, it is a contentious political issue with strong feelings on both sides of the issue. U.S. tort reform advocates propose procedural and time limits on the right to file claims as well as capping the amounts of damage awards. The supporters of the existing tort system argue that the reformers have misrepresented
Torts The definition of a tort is a common breach committed toward a second party. In this injury toward another, one of the parties can sue the other for damages. Oftentimes when this involves personal injury. One party that has suffered injury, will file for compensation by bringing a claim against another to compensate for damages experienced. The application of the law in a tort case will decide if the party
Tort Exam Barnaby Willows owns a small boutique petting zoo in downtown Sydney. This petting zoo harbors two of each kind of local species of animal. The zoo is open to the public seven days a week for 8 hours a day. The animals are kept in cages pursuant to city ordinance and have received all of the required vaccinations mandated by public health code. The petting zoo has been in
Law of Purchasing Supply What constitutes a contractual 'offer' according to English law? Your report should include references to common law, statute law, and European Union Law where appropriate. A contractual offer is when two parties display a willingness to enter into a contract. They understand that it will be binding once the offeree accepts the agreement. When a party is requested to offer a contract, this invitation to treat can be
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