Reflection On The And Procedural Law

The difference between statutory law and common law is that statutory law is a written law where common laws are based on any prior court decisions and are legal binding. For statutory laws the government, state, and local agencies issue written statutes and regulations which eventually become part of statutory law, as for common law it is prior case decisions and rulings that are followed unless a judge finds a big difference in the between the previous case and current case.

Law is something that is not only important for individuals, but for entities as well. Further, at times it may seem as if there are more stringent laws for entities, as they directly affect individuals. This is something positive to have in place as law can serve to keep the peace and preserve individual rights. Unfortunately, at times many people will try and have taken advantage of some businesses, because they can, and not necessarily because they suffered a consequence that affected them. We must also describe procedural law and substantive law as these play a role in understanding this case. Procedural law is “a set of rules governing how all aspects of a court case are conducted”. Substantive law is “the area which concerns with the definitions of rights and responsibilities”. Substantive law also adds meaning. Both of these laws go hand in hand, and as learned in this course, many states also adopt these in many of their statues.

A violation of a civil law is not a criminal act. However by holding people accountable for their actions it shows that no one is bigger than the legal system. This done by mobilizing the law, there are several steps to a civil case that includes a complaint, service, answer, discovery, motion, pretrial conference, settlement, trial, and enforcing judgment. Neubauer and Meinhold (2013, p.334) stated that Rodriguez v. Firestone is a good case to examine because they provide various aspects of the civil legal system. Automobile collisions account for many tort (personal injury) cases,

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.

4) In a criminal court case, the sentence can be a fine or jail time, or both. While in a civil court case, the defendant cannot go to jail, but can be forced to pay monetary damages to the plaintiff, or to return property. In the civil justice system, the primary purpose of a civil action is to recover losses and possibly reap punitive damages. In fact money and other similar damages are the main outcome in the civil justice system. In a criminal case, however, the fine will not go to the victim, but to the courts. In some cases, a defendant can be charged both civilly and criminally. Jail is reserved for sentences of less than one year’s duration, whereas prison is reserved for sentences greater than a year.

Statutory Law is law made by parliament. This may be the Federal parliament or the parliament of a State or Territory and Common law is based on English common law in which the judge is acting as an umpire.

Substantive law defines how the facts in the case will be handled, as well as how the crime is to be charged. It deals with the substance of the case.

Criminal Law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedure matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system are kept intact.

The substantive law manages individuals' rights and obligations. For instance, the substantive law directs the sort of discipline that somebody may get after being indicted at the finish of his criminal trial. The substantive law additionally characterizes kinds of violations and their seriousness. For instance, substantive law is utilized to choose whether a wrongdoing was a detest wrongdoing, regardless of whether a murder was submitted in self-preservation, et cetera. Substantive law is then depended upon to decide the rights that are stood to the denounced.

Today I will be talking about substantive and procedural law, as well as the adjudicatory system and the different parts within it. I hope to give you great examples and detailed explanations to open your eyes on these topics. I also hope to give you a better basic understanding of these processes in different locations around the world as well.

Every society makes and enforces laws the govern the conduct of the individuals, business, and other organizations that function within it. Without law we cannot live, only with-it can we cover the future which by right it is ours. All five-cited work relate to the explanation is based on the similarities of the Common Law foundation. Reynolds and Esparraga equally focus on the history of common law and how the United States lawmaker was the encouraged by other counties. The law of the country is primarily based on English commons law, other legal systems, such Spanish and French civil law, also influenced it. The law of United States and been in place for years, since the founding of this country and the adoption of the English common law,

There are five sources of laws in the United States which are constitution law, statutory law, administrative law, case law and common law doctrine. Constitution law is the law based on the U.S. Constitution. Statutory law is the body of the law passed the legislative bodies like the house of representatives or the senate. Administrative law the body of laws created by the administrative agencies to carry out duties similar to social security. Case law interprets statutes, regulations, and constitutional provisions. Common law doctrine is the rules establish and the codified into legislation definition.

The aim of this coursework is to achieve an overview of the central institutions and processes of the English legal system and to illustrate the legal reasoning and interpretation of law through a range of statutes applicable to ‘property’ and ‘non property’ matters; and by explaining how common law is used in conjunction with statute within the english legal system.

In this essay we will discuss the process of legal research, writing, and analysis. The subject matter will be presented in a clear, concise and objective manner. The textbook that we will be referencing is "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th ed, BarBri Group, 2006.

There are two primarily source of law nowadays: the doctrine of precedent and the legislation. The distinction between two of them is the origin where the law come from and how laws are created. The doctrine of precedent, is considered as the hallmark of the common law, is the procedure whereby the judicial decision of the court at the higher level of the judicial hierarchy is bind and follow by the lower court within the hierarchy. Therefore, the doctrine of precedent is the law made by judge. Whereas the statutory or the legislation is the source of law that come from the enactment of the parliaments.