Archive for October, 2011
Legal Systems
Long times ago, since humans gradually settled a little group to help each other survive in this world. In each group of human, there was a leader who controlled and managed the group. When the problem had occurred he or she must judged and make a decision to solve the problems. The times past, a little group had became a larger group, groups had become a society. In the other word, society is a big community which containing many groups of people. As you can see, people started to have complicated connection while they had connected across the group. A leader’s decision was not enough to judge the people. So, they had to find out another strategy to fix this problem which seem likes more and more out of control.
Therefore, caused leader’s decision cannot used as a standard in the society. They created a simple rules to control people’s behavior by we did not have to wait for the wrong act to be done. This could be helpful to prevent people who was going to have a wrong doing. This simple rules might be different in other local area. It was depends on tradition or convention in each area for the comfort of the judge to adapt this rule in each case. They had also drafted the punishment in each case. Punishment was an essential element of the rules because people frightened the punishments, so they must realize to control their behavior to avoid the punishment. This is the begining of the law.
Every decisions of the judge had record and reused for another case. The decision had become standard of the judge to justify the case. And this was the beginning of “Common Law” system.
When the time past, the simple rules still have a lot of gaps people learnt to use this gap to avoid sanction. So, the result was an obstacle in society when this simple rule cannot control people. Read the rest of this entry »
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A Quick Guide To Understanding Civil Law
What is Civil Law? Simply put, it is a legal system that was originally inspired by the ancient Romans, and the system of legality that they had in place. It is primarily a collection of laws that have been codified. Although commonly in use today, specifically within the United States of America among others, it has a far reaching history that stems backward for thousands of years.
The derivation of this system of laws and regulations is generally a reflection of the Romans. Their justice system was famed, and even today, greatly emulated within the most famous democracies in the world. Its use of codification is a technique that dates back for thousands of years. The ancient kingdom of Babylon were among the very first to codify their laws under the reign of King Hammurabi.
Codifying the laws of a nation, city or county is merely putting it into a classified order. To list them logically, numbered, and so on. However, the main purpose of civil laws are to provide the public with access to its regulations that pertain to and govern them. In this way, it is more difficult for someone to be arrested without a cause, because even the smallest of men have an understanding of the system of justice that reigns over him.
This system was originally derived from the Law of Justinian, or Corpus Juris Civilis. It is a collection of works that pertain to jurisprudence, penned from the years 529 to 534. As ancient as these are, they were the foundation for many that many future nations were soon to follow. The Eastern Roman Emperor, Justinian the First, commissioned his Tribonian, or Court Official to oversee the task. Read the rest of this entry »
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The Difference Between A Civil Law From That Of A Criminal Law
Civil Law
Civil law deals with the enforcement of an oral or written contract. This would only mean that a certain entity is often involved in other cases except the commission of a crime. A wrongful act wherein the other party asks for damages is also under the civil law. When we mean civil law, it does not involve any crime. Civil cases often require more work for the lawyer or attorney because they need to gather evidences from different sources.
Most of the time, civil cases involve disputes between a person or an organization. A person or an entity who claims on their legal compensation or benefit is often called a plaintiff. On the other hand, the person or organization that the plaintiff requires the damages is often called the defendant, litigants or parties. Usually, the plaintiff often requires the defendant under the rules of law to provide him the respect and legal obligations deemed to them. A defendant is often required to give the plaintiff what is due to them.
There are several types of civil law cases, and they include commercial operations, divorce and custody, personal injury and estate planning, bankruptcy, taxes, employment, corporations, workers’ compensation, and contracts. Under the rule of civil law, penalties are often given in a form of order, custody, legal rights, liable for damages, and monetary award to the aggrieved party. It is extremely seldom that the defendants are subject to imprisonment, but in some rare cases, there are imprisonments involved.
Criminal Law
Criminal law involves crime against people. It includes rape, robbery, murder, assault and kidnapping. In other way, it also includes tax evasion, burglary, larceny, smuggling, shoplifting and other forms of theft. Criminal laws also cover those who use and sell drugs, drunk drivers and other crimes against the law. The penalties given to perpetrators are often in the form of a fine and jail. Most of the cases under the criminal law are often dealt with an order to avoid further harm to society. Read the rest of this entry »
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