Civil Law College Essays Samples For Students

Compare and contrast Legal traditions

Common law criminal procedure in Japan majors mainly in national level territorial jurisdiction. It is governed by the principle source of the code of criminal procedure and rule of criminal procedures. In the U.S. the common law criminal procedure plays a major role of set guideline and rule that are to govern multiples of proceedings that would enable the judiciary to enforce the criminal laws. Criminal code on the other hands are used to outline the federal crimes with the help of the federal rule set to to dictate the procedures required to conduct a specific criminal trial (Katz, 2006).

Civil ...

And Civil Law

This paper is aimed analysing the differences between common law and civil law in the UK and other European countries. It will also explore the theory behind the development of these laws and the segments of society that they cater to.

The Common Law v/s Statute Law Conflict

Collin put forth a viewpoint that the increased collision between public law and contractual practices has led to a disintegration of the former, resulting in the need to revise the private so that it is in tandem with the public and welfare legislation1. However, private laws and public regulation are governed by doctrines that are very different in their basic ...

International Systems of Justice

International Systems of Justice
The United States is a common law system, which originates from old English common law. What is unique about the common law is that the law is not codified in statutes or written material, but rather the law is made through judicial decisions (Cohen, 1989, p. 15). In a common law system, there are no comprehensive legal codes, rules, or statutes (The Common Law and Civil Law Traditions, p. 1). As case law develops over time, judicial precedent shapes the law (The Common Law and Civil Law Traditions, p. 1). In a common law system, ...

The difference between Civil Law and Common Law is that Civil Law is governed by statute, and Common Law evolved over the course of millennia from judicial tradition, earlier legal codes, tribal laws and mores and written and oral traditions. Common law is derived from customs and civil law by statutes. Under Civil Law, the main source of the law is legislation and under Common Law, prior judicial decisions are the determinant. In the United Kingdom, Common Law is the general standard and predominant form of justice and court proceedings. There is a body of Civil law as well it ...

Question 7: Common Law and Civil Law

Common law is a legal system that emphasizes on court decisions and that judges have the authority to make laws where no lawmaking statutes exist. It also incorporates legislative precedence as the primary source of law thus ensuring that the law remains precise, uniform and consistent. This type of law has its structure based around adversarial systems whereby two parties - the defense and the prosecution teams - are pitted against each other with the faith of finding the truth. Common law has its origin traced back to England during the middle age period and nations such as the ...

A Critical Commentary of Chapter 2 in the Book Comparative Legal Traditions In A Nut Shell By Mary Ann Glendon, Paolo Wright-Carozza and Colin Picker.
Chapter 2 focuses on the legal structures in civil law jurisdictions as opposed to other legal systems. First, the authors consider the parliamentary system of government that exists in civil law jurisdictions. They also provide a clear definition of what a parliamentary government is and what it entails while contrasting it with the presidential system of government. The chapter reveals the close connection that exists between the parliaments relate with the ‘the government’, which ...

Introduction

The USA criminal justice system refers to all the local, federal and state public agencies that handle all crime-related matters. The agencies treat suspects, defendants, and even convicted criminals. All the bureaus are interdependent as the decisions of one agency affects the other agencies. The major components of the justice system include the courts, police departments, and the correction facilities. Moreover, the fundamental structure of the system stems from the judicial, legislative and executive wings of the government.
Assess the Impact of Globalization on the U.S. Criminal Justice System.
Globalization refers to the integration of various global ...

Introduction

The criminal justice system of the United States and other nations are often analyzed in an inward manner. It is treated as a local matter mainly because criminal justice is a preserve of a nation-state. However, internationally, the legal system of a country like the United States can be analyzed and reviewed within an absolute and relativist context. The purpose of this paper is to assess the impact of globalization on the American criminal justice system and also evaluate it in relation to other jurisdictions and how the American system fares internationally.

Globalization and the US Criminal Justice System

The United States affected and has been ...

Abstract

This paper seeks to compare American and Australian Criminal Justice Systems by providing information regarding the way the two criminal justice systems operate. Some of the various aspects that the paper will be seeking to evaluate within the two systems include the legal traditions; law enforcement; measure of crime; criminal procedure; corrections; terrorism and organized crime; courts and legal profession; and juvenile Justice. The paper starts with an introduction, which provides a general overview of the paper. Consequently, the paper will provide insight regarding the legal traditions that are practiced within the two countries.

Introduction

Comparative studies of criminal justice ...

Should Punitive Damages Be Introduced in International Law?

Introduction
Different countries often have different legal policy in both their criminal and civil law systems. These differences often arise from differing social, economic, and political climates that lead to fundamental policy differences. In the area of civil the law differences in legal systems of different countries often reflect the individual countries’ beliefs as to the types of claims that should be recognized. Furthermore, legal systems across the globe often differ about the types of damages they are willing to recognize. One area in which there is a significant difference in the type of damages one can be awarded ...

Difference between republic and democracy

Republic
A republic can be said to be a government that does not have a monarch. The other definition is that it is a form of government in which the affairs of the state are a matter of the public and the public officers are usually elected and not appointed. Nepal became a federal democratic republic in the first half of the 21st century after 240 years under the monarch. The republic is usually a sovereign state but there are some instances where there are sub-sovereign states. Good examples of republic states are the United States, Russia and France. In a republic state the head ...

1.1Introduction
Most of the societies around the world must possess the most obvious characteristics and nature of an orderly society. An orderly society is that which would permit healthy interaction and way of life of its citizens for a long period. Nevertheless, different societies have different form of order (Darbyshire, 1995, p. 27). Some societies are structured with clear regulations that allow them to work in abidance to the set rules, while other societies operates in what can be considered an unstructured way with apparently very few strict rules and regulations to be followed.
In every society, order ...

Islam is a religion based on prophet hood. Islam is the second largest and greatest growing religion in the world. It began in the 16th Century in Arabia and rapidly grew to other regions in the world. It’s time the west makes the decision if they have irreconcilable differences between the west and Islam mostly because of the characters of the immigrants in the west and the terrorist groups and threats in the west. The debate between the terrorists and the interpretation the west gives to radical Muslims is a very controversial debate in the sense that the Qur’an ...

Paralegals, or legal assistants, perform essential tasks delegated to them by licensed attorneys that the attorneys would otherwise have to complete on their own. According to the National Association of Legal Assistants (NALA), legal assistants obtain the knowledge and expertise of the legal system that qualifies them to do work of a legal nature “through formal education, training, and experience” (NALA, 2015). Paralegals fill a vital role throughout both civilian and military law practices. However, there are some important distinctions both between the scope of responsibilities and formal education required that exist between the two classes of paralegals.
NALA ...

Virtually all laws that govern today’s civilization draw their influence from the England and Wales. The laws in these countries were arrived at through tribunals and precedents made by judges. The precedents are also known as case laws. These are previous legal decisions arrived at by judges which are used in similar subsequent scenarios or instances. They were also informed by the then governing customs societal norms. These laws provided for the protection of individuals and property. These laws were known as common laws. Common law made way for civil law that also draws its roots to England ...

The United States has had controversial topics among them being the same sex marriage bills. Different political parties have sharply aired their differences on the gay marriage issues. The existing laws have thus left the states to be the principal determinants of whether gay marriage is legal or illegal within their borders. Both exponents and proponents of the legalization of gay marriage have strong convictions and reasons as to how same sex marriage should be handled in society. This paper however embraces the latter view that same sex marriage should not be legalized because it is not about sexuality or ...

Same sex marriage has been a controversial topic in the United States. Various political parties, states and individuals have sharply differed on the topic of gay marriage. The existing laws have allowed states to be the principal determinants of whether gay marriage is legal or illegal within their borders. Both exponents and proponents of the legalization of gay marriage have strong convictions and reasons as to how same sex marriage should be handled in society. This paper however embraces the latter view that same sex marriage should not be legalized because it is not about sexuality or identity. Same sex marriage ...

Law is a procedure established by custom within the society or a rule to guide human conduct within the society. The presence of law creates obligations for different persons in ensuring that they conform to the laid down procedures and regulations. Law permeates every sphere of the society and remains a critical enforcement mechanism of regulations in the society. Failure to abide by the law exposes the defaulter to legal sanctions as enforced by the authority through the courts. It has also been argued that the law enforces ethics. Law acts to serve numerous roles and functions and this paper shall examine ...

Describe and distinguish among the three approaches to studying criminal justice systems by taking an international perspective.

Answer. There are three approaches to studying criminal justice by international perspective and they are as follows (Reichel, 2008):
Historical approach – Works on the reference based knowledge developed from of earlier errors and instances of success which provide experience for present and future scenarios.
Political approach- Works on the basis of impact of national values in shaping the current process of judicial system and takes input from political impact on legal traditions.
Descriptive approach – Works on the basis of how a nation’s judicial system should work and what components need to be included to make judicial system ...

Development of Common Law System of Innkeeper Law

The common law of innkeepers is a code that governs how innkeepers must conduct their business in relation to their patron. According to Sherry (1993) innkeeper law under US, as in all other countries where common law reigns, can be traced back and has its roots in the old English common law. Innkeeper law developed in medieval England out of necessity and for safety reasons. When the feudal order broke down and trade began to flourish, travel became a must. At that time travel was far from being a leisurely activity – the roads were bad and safety was always ...

Civil cases are different from that of criminal procedures. There are a number of significant distinctions that are observed by the Federal courts, when dealing with both civil and criminal cases. The law in itself is different from civil and criminal actions. Civil law essentially deals with the responsibilities and onuses of private citizens to on another. In civil cases, the disputes normally arise amidst private individuals, even though the government may occasionally be one of the parties involved in a civil case.
In any civil case, the court tries setting a particular dispute amidst the parties involved in ...

Intellectual Property Rights and Their Practical Use

Intellectual property rights are a combination of civil law governing relations connected with creative activity. At the same time, the civil law does not directly regulate creative activities, because the creative process is beyond the limits of its rules (HG, n.d.). The functions of civil law are the recognition of the authorship of already created results of creative activity, establishing their legal status, moral and material incentives and protection of the rights of authors and other persons, who have copyrights (Cimoli et al., 2014).
Copyright, inventive and the like rights are usually called exclusive rights, i.e., absolute legal rights, ...

Bible Interpretation Using Various Types of Critical Disciplines

Introducing the old Testament
The Bible can be interpreted using various types of critical disciplines. This is done through interpretation and explanation that is critical of text especially texts of religion. In ancient times the term exegesis, which is the critical expansion and understanding of the religious text, was the primary interpretation of the Bible. Therefore, “Biblical exegesis” is applied in a wider context in the religious text. Exegesis is a combination of a broader perspectives that are critical and disciplines. When we focus on biblical textual criticism, the inquiry of the history and originality of the text, sometimes exegesis it ...

There is no society in the world that can operate without laws. Laws are defined as set rules of conduct, which are mainly enacted in as statutes, and they are primarily used to regulate relationships among people as well as between parties. Maintenance of public order is one of the fundamental objectives of law since they elaborately enforce credible moral beliefs, regulate interaction among people, and enhance predictability. Other objectives of laws include defining the society’s economic environment, provisions of individual rights, promotion of orderly social change, identification of wrongdoers as well as redressing wrongs and mandate retribution ...

(A). Both Antigone by Sophocles and Apology by Plato reveal that although the concepts of the rule of law and civil disobedience seem to be completely different and opposite of each other, if we keep in mind that a higher authority exists, we may view the two ideas as compatible.
Sophocles very effectively depicts the apparently unsolvable conflict between the two concepts in his tragic drama Antigone. It becomes apparent that Antigone has absolutely no regard for the rule of men since she performs an illegal act of mercy and is condemned for it. Instead, she holds divine, unfailing ...

Civil law seeks redress and compensations for transgressions while criminal law seeks punishment. Civil law is not aimed at punishing the defendant but making them suffer from compensation so as to satisfy the offended party. Criminal law incarcerates in a jail, fines or in exceptional cases leads to execution of the defendant. Crimes in criminal law are subdivided into misdemeanors and felonies. For example, a murder case is criminal while defamation is civil and there implications are totally different (Bastiat, 2004).
In law, a case is won or lost depending on whether a proof is accepted or rejected by the jury. The ...

It is amazing how diverse the world we live in really is. Everything has so many variations and quirks that it is almost unbelievable that it works together as a whole. One complex system that keeps society together is the legal system. Yet, even the legal systems all over the world vary immensely. In this short essay I would like to highlight some major points of divergence between the German and the US legal systems.
In the United States we use the common law system, which originated in England and is customary in Anglo-Saxon countries. It is based on ...

Introduction.3

Political analysis 3
Economic analysis .4
Social analysis 5
Technological analysis ..6

Legal analysis .6

Environmental analysis 6
Conclusion7
Recommendations7

References.7

Introduction
Out of one hundred and ninety six countries in the world, Spain was chosen for this assignment in order to conduct PESTLE analysis. Political, economic, social, technological, legal and environmental factors are going to be analyzed systematically and the information is taken from one of the relevant and credible sources – CIA World Factbook, and others. General factors about Spain are going to be reviewed first before proceeding to the analysis of Zara in order to have a better understanding. Zara is ...

Various Laws

As I will describe five different laws I want to give the definition of the word “law” itself. So law is “A rule of conduct or procedure established by custom, agreement, or authority” (law, n.d).What is criminal law? Criminal law is one of the bodies of law which focuses on different crimes and defines punishment for them. The other name of criminal law is penal law. Criminal law proscribes different undesirable acts – everything that is harmful, threatening or somehow puts in danger the health, property, safety or moral welfare of people. The example of criminal law: law that ...

CONTENTS
1. Part I - Occupational Health and Safety Law 3
1.1. The UK Approach to Regulating Occupational Health and Safety 4
1.1.1. The Role of Legislation (Civil, Criminal and Administrative), other sources of law and recommendations 4
1.1.2. The Role of Law Enforcement and Specialized Agency 6
1.1.3. The Role of Courts 7
1.2. Comparison between the UK and the Brazilian approaches to OSH regulation 8
2. Part II – Management and its Impact on OSH 8
2.1. Administrative approach to management 9
2.2. Scientific management 9
2.3. Behavioral approach to management 10
2.4. Co-operative social systems approach 11
...

LMRQ 1

1. The common law is derived from judicial decisions rather than statutory authority (Morris, Cournoyer, and Marshall, 2008, p. 6). Statutory law, on the other hand, is law that is made through legislation (Morris, Cournoyer, and Marshall, 2008, p. 6).
2. Common law is built on legal precedents from case law (Morris, Cournoyer, and Marshall, 2008, p. 6). The legal precedent of a previous case helps to guide a judge in rendering a decision with similar legal issues and facts. Sometimes legal precedent becomes outdated and antiquated as the needs of society change. When precedent is inconsistent with the ...

Cyberbullying comprises of the utilization of information and online resources such as emails, telephone messages, defamation internet blogs, and websites to promote deliberate behaviors harmful to individuals or groups of people. The issue of Cyberbullying in the modern world is critical hence, the need for new changes in the Cyberbullying laws to reflect the problems caused by Cyberbullying. Since the inception of the internet, governments passed statutes to address online criminal activities such as Cyberbullying, spamming, cyber-stalking, trespassing, stealing wireless services, and illegal access to information.Most of the internet violations occur through social websites such as YouTube, Twitter, and ...

Introduction

Laws govern people. These laws are constituted by the leaders of a country and are meant to ensure that the people live in harmony and respect one another. The Roman Law is similar to any other law that exists. It consists of a set of rules and regulations that are geared towards ensuring that the people are at peace and respect each other and their property. However, Roman Law refers to the ancient legal system that existed thousands of years ago. The law was in existence around 449 BC. The Roman law was written on the twelve tables, as ...

Introduction:

Japan is a small country that has a population of 127.3 million which is significantly high providing a ready market for products and services. The population is also composed of both skilled and unskilled labourers providing ready labour force. The country’s purchasing power parity stands at $38,216 thus providing an advantage for a new entrant into the market. Additionally, Japan’s location provides a strategic advantage since it dominates the entire Asian, Middle East and African economies.
Singapore and Japan both have a democratic political system, which gives our company the ease and freedom to do business ...

Introduction

The term “unlawful conduct” is used to refer to as the conduct that is general forbidden by law. It includes all actions that go against the law. Many aspects of Civil and criminal law also fall within unlawful conduct (Martin, 2001). Criminal law includes all actions that the law has defined illegal. A guilty person in a criminal law gets punished in either a fine, jail term or other forms of penalties. Civil law on the other hand deals with actions of disagreements between people/citizens. In civil law, there is no particular crime that is committed. A defendant who ...

Informed Consent: Informed Consent is the procedure in which a patient get all the information about his/her treatment regarding mental illness to either accept or refuse the treatment on voluntary choice. Further, patient has the ethical and legal right to know what is happening with her body and should be involved in every step of treatment in a healthcare (Simon & Shuman, 2007).

Components of Informed Consent: Essential target of informed consent is that the patient has a complete knowledge about her treatment and have the decision making ability. The components add to informed consent are procedure or decision, alternatives offered for ...

Torture started in back in the 530AD and where the roman jurists advocated for it believing that it could result in victims revealing facts and truth about something. Demosthenes, the Greek Legal Orator, stated that, “no statements made as a result of torture have ever been proved untrue.” Back in the 12th century, the Roman law officially became an authoritative power in most judicial systems and it introduced use of torture to the convicted individuals. This led to the incorporation of use of torture in the civil law system.
Early in the 4th century, the use of torture faced ...

QUESTION NUMBER ONE 2

1.1 LINGUISTIC MEANING 2

JURISTICALLY MEANING 2

1.3 INVITATION TO TREAT OR INVITATION TO BUY 3
1.4 FORMULA 3
1.5 KINDS OF INVITATIONS TO TREAT 3

QUESTION NUMBER TWO 4

2.1 DANNY Vs MOHAN 4

CONCLUSION 4

BOOK REFERENCES 5
OFFER Vs. INVITIATION TO TREAT
QUESTION NUMBER ONE
“An offer is not the same as an invitation to treat, although the two are often confused”
1.1 LINGUISTIC MEANING
Even though these two things are often confused, they are a lot very different one from another. To explain this situation, we must start from the linguistic explanation, starting with a simple example: “I offer ...

Stalking can be defined as communicating, repeated following and contacting a person in an intimidating manner that could cause the person on a reasonable basis to fear for their safety. Stalking is therefore a typical form of criminal activity which comprises a series of actions which if taken on your own, may constitute behavior. A good example of this is; writing love notes, sending flowers and waiting for persons probably in their premises, which are not criminal actions on their own. However, if these actions are attached to other intentions such as causing injury or instilling fear, they could amount to a pattern of ...

I was accepted as an undergraduate student in the field of natural sciences by King Fahd University of Petroleum and Minerals (KFUPM), a reputable university in the Middle East which is accredited by AACSB (Association to Advance Collegiate Schools of Business) and is located in my hometown. Many students in Saudi Arabia prefer natural sciences because of high incomes and job stability. However, my passion is in law. I am particularly interested in carrying out a comparative study of Islamic Law (which is applicable in my country) and other legal systems as a way understanding dilemmas the former. This is the only ...

The legal system of the Brazilian organizational culture, in general is regarded as a closed system where leaders hold strong responsibilities, paternalistic patterns, rigid values, and highly centralized hierarchical structures prevailing in the business environment.
It is evident that each nation in the world has its distinct set of laws that govern its people and how it relates to other nations. Even though each legal system has its distinct characteristics, there exist three basic classifications of legal systems: Anglo-American Common Law, Romano-Germanic Civil Law, and Islamic Law. The legal system of Brazil is classified as Civil Law Code and is ...

Introduction to California Civil Code Essay

Abstract
Based on a civil code previously formulated by David Dudley for New York, California civil code is an assortment of statutes. It is very much similar to the common civil codes and is recognized in the same way. However, there are many additional provisions which make these laws as well-established codes. The below mentioned case highlights the importance of evidences and witnesses to prove once innocence in the court.

California Civil Law

The Civil code of the state of California, as it is formally known is classified under four basic divisions. These are related to persons, obligations, property and general provisions ...