ipl-logo

Criminal Law Vs. Court-Made Law

549 Words3 Pages

In this paper, I will explain the difference between case law and statutes. Lastly, I will explain how a public administrator may implement case law and statutes differently.
Case law or common law also known as court-made law is laws that permit judges to render decisions based on the ruling of previous cases with similar situations. (Currier and Eimermann) In other words, judges read existing laws and based on whatever they read, make a written decision. Their written decision will then become a legal guide and later used in future cases or new law. Statutory law or written law, also known as statutes is the law written by the legislative branch of government. (Currier & Eimermann) Statues can be enacted by the state and federal governments …show more content…

Civil law is when harm is one individual does harm to the other. Criminal law is when an individual harms society. In civil and criminal law, the plaintiff or prosecutor has the right of burden to prove their case. On the other hand, the person being sued or the defendant must show why they are not responsible. In civil law, a person will either be liable or not liable while a person in a criminal case would be found guilty or not guilty. In civil cases they punishment may be to pay damages while in criminal cases they are punished to death, prison, or fines. Statutory laws are designed to control future actions and behaviors of individuals. When no cases have no statues, common laws are used. In civil law, have to prove it lawsuit on the preponderance of the evidence while in a criminal matter they have to prove beyond a reasonable doubt. Both also have to try to establish a prima facie case. An example of a case law or common law case is a breach of contract case. I agree to sell this lady my car my car for $3,500.00 and she agrees to give me $500.00 down today and pay $500.00 on the 1st of each month starting on 3-05-2014 until paid. We both sign a contract and it states that if she fails to do right then she is breaking the agreement and I have a right to take her to court. Another example is I am driving on a street owned by the city and a limb falls onto my car totaling it. They should be responsible for the damages because the tree is on their property and they should have gone around and inspected trees to see which ones are starting to rot. An example of statue law is murder. Let’s just say I go out and kill someone just because I wanted to. There is no way that a a civil law setting would be an appropriate punishment for

Show More
Related
1518 Words | 7 Pages

To begin with, in the judicial system, there is an ongoing dispute over what compromises the proper amount of judicial power. This lack of agreement concerning policymaking power of the Courts is bestowed within the discussion between judicial activism and judicial restraint. In general, these two philosophies represent the conflicting approaches taken by judges in their task of interpretation. Consequently, the Court’s decision could be framed in terms of activism or restraint by either changing or upholding public policy.

Read More
1063 Words | 5 Pages

Out of the over 350,000 cases brought to trial in the United States District Courts in 2016, almost 275,000 of them were civil and nearly 80,000 were criminal. No matter the type of case brought to court, both present evidence in front of a judge, resulting in a sentence after careful deliberation. Although there are multiple similarities between civil law and criminal law, there are many differences that differentiate the two as well. A criminal case deals with any sort of punishable offense against society.

Read More
673 Words | 3 Pages

On a daily basis, employees of a corporation, or business enterprise uses different email servers to communicate with coworkers, customers, and others that are not associated with the business. One of the most commonly used email server is Microsoft Outlook (Lindsey, 2013). The program is used to share information, and multimedia attachment files both (Lindsey, 2013). Individuals within the scope of an organization prefer to use the instant messaging option over sending email, simply because it saves time. Most employees are not aware of the fact that even if they delete their messages, it can still resurface at a later date, but only if is necessary.

Read More
1041 Words | 5 Pages

The way of knowing about the Law leaves out important aspects of the society, “legal language flattens and confines in absolutes the complexity of meaning inherent in any given problem […] a paradigm of larger social perceptions that divide public from private, black from white, dispossessed from legitimate” (Williams, 1991, pp. 6-7). The quote explains the way in law many aspects of the social life, of reality, as left out. This division in Law leaves out important aspects that should be taken into consideration. Legal language can disguise important cultural, social, historical aspects that may affect the interpretation and the consequences of a legal decision or a law, by its way of “flattening” important topics. Therefore, the Law is not written in stone and aspects of reality should be taken into consideration.

Read More
1141 Words | 5 Pages

Typical Civil Law cases or lawsuits fall under Tort Law, Family Law, Contract Law, Labour Law, and Property Law. The main purpose of Civil Law is to compensate for harm. It is usually in the form of damages and the money awarded to a plaintiff for harm, loss, or injury. In many cases, the legal system may choose to bring in alternate dispute resolutions that can help solve civil disputes without having a formal trial. One thing the Canadian legal system can bring in is mediation to help resolve the situation.

Read More
99 Words | 1 Pages

Statutory law usually enacted by a legislative body. Unlike case law, statutory law is not enacted to resolve a specific factual dispute. However, legislative bodies make rules or laws that apply to society in general. It governs numerous aspects, including traffic, domestic relation, criminal and civil liability, corporate operation, immigration, and homeland security. The most difficult part in researching is locating the proper law when you have a factual situation or issue and trying to find the answer.

Read More
677 Words | 3 Pages

A Fourth major court case was Breed v. Jones because it prevents juveniles of becoming victims to double jeopardy (being tried more than once for the same type of crime) in the court system. A fifth major court case was McKeiver v. Pennsylvania, In re Terry, and In re Barbara Burrus. This case made an impact on the treatment of juveniles today because jury trials of juveniles are not constitutionally needed. • How are status offenders handled in the juvenile system?

Read More
1092 Words | 5 Pages

Throughout history, two primary legal systems have coexisted globally: the civil law system and the common law system (Diffen). The civil law system is characterized by adherence to statutory laws and legal codes that prescribe specific penalties for various offenses, thereby limiting judges' discretion in sentencing. In contrast, the common law system empowers judges to consider prior case judgments and legal precedents when determining sentences. This approach allows for a more flexible sentencing process that takes into account the unique circumstances of each case and the broader societal context, with a focus on ensuring fairness and justice in individual instances. As has been defined by many criminal laws from different jurisdictions,

Read More
429 Words | 2 Pages

Lastly, courts lack the resource to implement policies in line with their decisions. Thus, even when cases are won, “court decisions are often rendered useless” as litigants are left to the task of implementation (Rosenburg 21). Despite the Constrained Courts view that courts are insufficient in producing social change, “it does not deny the possibility” (Rosenburg 21). When the right factors are in place and certain conditions in favor of the case’s outcome, courts can be a powerful institution in promoting justice (Hall 2).

Read More
1268 Words | 6 Pages

[5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law

Read More
1163 Words | 5 Pages

1. Explain why it might be difficult to effectively study law following the positive transition. What are the advantages and disadvantages of a humanistic approach to the study of law? Studying law is relatively difficult as the degree holds much of the responsibilities to sort out the issue concerned with the society (ANU, 2014).

Read More
960 Words | 4 Pages

Next, legislation is the law enacted by the legislature and also by bodies or persons authorized by the legislature. The power to enact law is vested in Parliament at federal level and the State Legislative Assembly at the state level. Unlike the Federal Constitution, Parliament and State Legislative Assembly are not supreme. Islamic Law is applicable only to Muslims and is enacted under Federal Constitution. Islamic Law is administered by a separate court system, the Syariah Courts.

Read More
3020 Words | 13 Pages

Introduction Civil Justice System The civil justice system exists in order to enable individuals, businesses, and local and central government to vindicate, and where necessary, enforce their civil legal rights and obligations, whether those rights are private or public. It ensures that the rights and protection of citizens are called for. The rule of law dictates that government should not abuse their powers as per AV Dicey’s concept of the rule of law. In addition, the civil courts endorse economic activity, allowing contracts to be made between strangers because rights are taken care of in the courts if they are breached.

Read More
709 Words | 3 Pages

Law is present in our daily life and in everything we do. We cannot think a second without law. Whatever we can see around us everything is connected with the law. Sometimes we can see it and sometimes we cannot see but feel it. Law is not just a thing to obey for yourself but making a peaceful society.

Read More
1612 Words | 7 Pages

DEFINITION OF LAW: Law is outlined as the principles and regulations set by the governing authority, and have binding legal forces. It must be endorsed and obeyed by the citizens, subject to penalties or legal consequences. It depicts the will of the supreme power of the state. The basic purpose of law is to regulate the society, to safeguard and shield the rights of people and to resolve conflicts. It acts as barrier is preventing people from behaving in a negative manner that affects the rights and quality of life other people, hence violation of law implies the punishment of lawbreakers Dysfunction of Law: Dysfunction of law means failed to abide by the law.

Read More

More about Criminal Law Vs. Court-Made Law

Related Topics

Open Document