Introduction to Business Law Coursework Assignment
Question 1 Part 1:
In the English system, there are two laws that have a huge and fundamental impact on the English law. These two laws are the most common type of laws that are carried out within the court, either in Crown Court or the Magistrate’s Court. Depending on the seriousness of the damage caused by the breaking the law, not all prosecutions are carried out in the Crown Court. The English Law coincides within two countries of Great Britain and they are England, Wales, Northern Ireland and Scotland. The English common law is made up of judges sitting in court and applying laws and rights to the facts that are presented to them.
The first law which is the civil law deal with matters between the individuals such as friends, family or business partners. This type of law will deal with areas such as breaching a contract, tort of negligence or the selling and supplying of goods within a business or even a small shop. Civil law is derived and originated within Europe which its original framework started off within the late Roman law. Civil Law is different compared to Criminal Law due to the prosecutions being different. Civil Law would prosecute a certain individual which would mainly be compensations for damages caused. On the other hand, Criminal Law is completely different compared to Civil Law and has a different way of prosecuting individuals to minor or major crimes that they have caused. No matter in which part
Civil law is a system of law conerned with private relations between members of a community rather than criminal, military, or religious ethics. Criminal law is a system of law concerned with the punishment of those who committed the crimes. I believe in the Good Samaritan Case it is both a criminal and civil case. The case is criminal and civil case. The case is criminal because Broitzman and Larson where both charged for the crimes they committed. This case is also a civil law case because being a nursing home the actions of the girls charged also effected the community in more than just a criminal way. The
Under the Civil Law system, the laws are written and codified that the judges have to follow verbatium. Whereas, under the common law system that is followed by Australia, India and the United Kingdom, the laws are codified, doctrine of precedents is followed but the higher courts have the power to over-rule old judgements and existing law in cases where the law breaches the basic structure. (Peterson)
In the case in the text where someone purchased a used safe at an auction for $50, but
case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.
3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain.
In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to.
Yes, the negligence in this case is that the students were negligent. They engaged in a threatening act that a reasonable, prudent person would not by painting what appeared to be a weapon at a person and threatening their life. Just the fact that they stormed the building fits the definition of negligence. Even if their intention was not to hurt anyone physically, they did hurt people mentally in the case of Prudence. There are many different ways in which they could have gone about this in a more peacefully way, which makes this negligence in itself.
2) Westlaw uses a system called the Key Number System which breaks down hundreds of broad legal topics into increasingly detailed information on tens of thousands of specific legal concepts.
This paper is composed for the individual assignment for week 1 of the MBA 633 Legal Issues in the Workplace course. The topic for this assignment consists of the four sources of law used to govern businesses and how disputes can be settled. I will be providing short answers to questions related to the four sources of law.
12.1 Jerome is an elderly man who lives with his nephew, Philip. Jerome is totally dependent on Philip’s support. Philip tells Jerome that unless Jerome transfers a tract of land he owns to Philip for a price 30 percent below market value, Philip will no longer support and take care of him. Jerome enters into the contract. Discuss fully whether Jerome can set aside this contract.
The differences between legal rules and other kinds of rules is that criminal law refers to the consequences associated with breaking them. As the substantive law meaning that it is the law of crimes, referring that Criminal law is the code conduct that all in the society need to follow the rule, and the prohibitions on murder, assault, and burglary. Meaning that if an individual violates or commits these crimes they are going to be treated as a criminal by punishing act from the state. Civil law is refers to procedural law to follow the rule of the state from someone that has committed a crime. Which it is divided into 5 categories, for example torts, property, contract, family, and juvenile law.
BMGT 380 Exam One Statutory Interpretation 1. Plain Meaning Rule: Courts are supposed to apply and interpret statutes (法令) according to their usual or ordinary meanings. 2. Legislative History (when 1 conflicts with 2,consider 2 first): if legislative history suggests a different outcome than plain meaning rule, the court then will mostly likely do what the legislative history suggests.
A) Civil law has to do with issues between person and person or between person and their government. While Criminal laws has to so with wrongful acts against society as a whole. For instance if I ran my car into someone’s fence it would be a civil lawsuit since it is between me and the person who I ran my car through their fence, but it would become a criminal lawsuit if I was drunk and driving and ran my car through the fence because I’m putting society in harm of my drinking and driving.
Laws are critical to every society in every country and in Britain we have three main varieties of law at work; statute laws, European laws and common laws.
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.