Common Law And Civil Law

Legal research is not only about discovering how the law applies, it is also about determining how strong case is. Using legal research we are analyzing strength and weaknesses of client’s case, and using counteranalysis we determine how opponent can use weaknesses against us. In this paper we will establish why counteranalysis is important and why do we use it, when we use it and where we can apply it.

1. Define civil and criminal law. Could these case facts give rise to a criminal, a civil case, or both? Explain your answer.

The English legal system is founded on the common law system. Which during the history developed in England which, in turn, spread it further to their colonies such as Canada, India, etc. The characteristics of this system, is that a large part of the laws are based on courts` precedents.

Criminal laws vary extensively throughout the world. What may be a crime in one country may represent permissible conduct in another location. Why are there vast global differences?

Common law rights were guaranteed by the Magna Carta or Great Charter, which were affirmed in 1215 by King John. One did not have to be born into privilege to have common law rights, however, those who were had even more rights. There were times that the king and parliament disagreed as the “king claimed larger areas of power, leading to a bitter conflict between them.” according to Benedict (p. 1). The term “common law” means “…government protection against the encroachments of the rich and powerful,” according to Benedict (p. 2).

When running a business, the most common legal transactions you will be involved in is a business contract and despite what type of business a person runs, by having an understanding of contract law is a key to creating sound business agreement that will be enforceable legally incase a dispute arises (Find law).

The issue here is Jefferson state sues Adam state due to the new "apple" law could make the cost of apple in Jefferson state increase. According to the Contitutional Law, Constitutional law refers to rights carved out in the federal and state constitutions. The majority of this body of law has developed from state and federal supreme court rulings, which interpret their respective constitutions and ensure that the laws passed by the legislature do not violate constitutional limits. In this case, Adam state can able to make the "Apple" law, as long as the law is follow the right of federal and state constitutions. If Jefferson state wants to sell apple in to Adam state, then they have to follow the rule of Adam

Criminal law is better known about in the U.S. than Civil Law because criminal activity is usually publicized at a result of it being news and a civil cases are of private matter.

Common law in Canada is based on precedent, which mean that common law uses previous events or situations to guide court decisions going forward. Precedent is ‘binding on other equal or lower courts in the same jurisdiction as to its conclusion on a point of law, and may also be persuasive to courts in other jurisdictions, in subsequent cases involving sufficiently similar facts’; therefore, common law is not based on interpretation. Common law is created from precedent alone. Common law is used in areas like contract law, tort law, and property law. There may be written statutes in these areas of law; more often than not, the judge’s decision is based on precedent rather than a statute.

Defendants, Gerry Goldman and Mary Goldman, by their attorneys, ADLER, MURPHY, & MCQUILLEN LLP, and respectfully moves this Court to dismiss Plaintiffs’ Third Amended Complaint pursuant to section 2-603 of the Code of Civil Procedure (735 ILCS 5/2-603(a) (West 2014)), or in the alternative, dismiss Counts, II, V, VI, VII and VIII of Plaintiffs’ Second Amended Complaint pursuant to section 2-619.1 of the Code of Civil Procedure (735 ILCS 5/2-619.1 (West 2014)).

There are two major areas of law, civil law and criminal law. As a society, people tend to not pay attention to law unless they are in the middle of an issue. The two areas of law are important to know though, since an issue can occur at any time and it is important to be prepared and have a basic understanding of what is happening and what to do. Many people do not know the distinction between civil law and criminal law, and while the ramifications vary considerably for each, the cases can occur simultaneously, which is why it is important to know the differences and in what scenarios each form is used.

Most of the criminal procedure rules that are set forth in the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution, as well as the rules about bringing the accused before a judge to question his incarceration (habeas corpus), were adopted from Common Law rules and from Parliamentary decrees based on the Common Law.

Common law - that part of the English law not embodied in legislation. It consists of rules of law based on common custom and usage and on judicial court decisions. English common law became the basis of law in the USA and many other English-speaking countries.

Nowadays every legal system wants to achieve justice. Different legal traditions in the world have given a different meaning of this concept by following one of the two legal systems: a civil law system and a common law system. The civil law system emerged from Roman law and throughout many centuries has been developed in continental Europe and often is called a “continental legal system”, achieving its prominence through development of aqui communitare in Europe. The common law system emerged in England during the Anglo-Saxon period and was developed by British colonies, reaching its peak in the United Kingdom and the United States of America.

Japan has a relatively stable political and legal environment which reduces the risks associated with entering the foreign market. The political system is a democratic system, with a Westminster form of government similar to Australia, which is favourable for western cultures when conducting international business. The legal environment on the other hand, is built on the foundations of the European Civil Law system with an English-American influence. Therefore Australian businesses must understand the differences when conducting business to ensure the