Civil law Essays

INTRODUCTION In common sense the Law of Torts is that branch of law which aims at regulating the manner in which people behave in civil society. The law of tort covers a wide range of situations, including such diverse claims as those of a passenger injured in a road accident, a patient injured by a negligent doctor, a pop star libeled by a newspaper, a citizen wrongfully arrested by the police, and a landowner whose land has been trespassed on. As a result, it is difficult to pin down a definition

There are two major legal traditions – the Common law and Civil law traditions. Each tradition has different source, concept, rule and development history. The adoptions of legal traditions in certain countries are largely affected by their historical background as well. John Henry Merryman (as cited in O’Connor, 2012, p.8) defined “legal tradition” as “a set deep rooted, historically conditioned attitudes about the nature of law, about the role of law in the society…. about the proper organization

legal system is better: civil law or common law. Each legal system may have some advantages and deficiencies which will discuss. If a foreign legal system has some advantages, why not merge them in the national legal system? In that way the resulting combining of the two legal systems can only improve their common goal of designing a fair and just legal system which can provide legal certainty and protection to all citizens and legal persons. The civil law and common law systems are the results

Common Law and Civil Law Law is an essential element for any civilization. Laws in general are the rules set and enforced by an authority that we must follow. The main purpose of these rules is to solve a specific problem or conflict between two parties or more. Furthermore, laws were there long time ago and still exist until this day to help solve various cases and scenarios we see and hear about in our daily life. Law can be categorized into two general categories; which are common law and civil

Antigone and Creon stand in opposition to each other. One man, Polyneices, the brother of Antigone and the nephew of Creon, has been declared a traitor of Thebes. Antigone would rather die than leave her brother unburied, but King Creon believes that civil law is absolute. However, it is only Antigone who is able to truly defend her ethics. Antigone believes that her brother, Polyneices deserves to be buried. Antigone stated that, “Creon buried our brother Eteocles with military honors . . . but Polyneices

Criminal law is a system of laws concerned with the punishment of those who commit crimes. It is protecting the overall public safety and potentially puts away people who commit serious wrongdoings. As civil law is the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs. Civil law Generally comes into play when an individual or multiple persons are injured in the incident which is usually followed up into a lawsuit or

Civil disobedience has always been a positive impact on a free society. It is a necessary freedom. We have seen in the past that it has made nothing but great changes. It has given me, and millions of other people countless opportunities. All of the people who have practiced civil disobedience have made revolutionary changes to our government. Without civil disobedience, the United States would not be the great nation that it is today. Martin Luther King, and Rosa Parks were protesters during the

Civil Disobedience Can breaking the law ever be justified? Yes, as long as it is for a cause. Civil disobedience is the disobeying of a law to improve a moral principal. We have the right to protest and speak out when there is an unjust law. This is our right of freedom of speech and expression. The expression ‘civil disobedience’ was created from Henry David Thoreau. He used this term to refer to his choice to escape paying a state tax that would supply a war in Mexico. It would also carry out

Civil disobedience is the deliberate action against an unjust law to invoke a positive change in government and society. Civilians have the right to refute these types of unjust laws to eliminate inequality and government’s unjust nature by following conscience before laws for moral guidance. As demonstrated in Antigone, this is depicted by the daughter of Oedipus, who disobeys Creon’s law for the greater good because of the laws unjust nature. In Civil Disobedience by Henry David Thoreau, a naturalist

1. Describe in detail the differences between civil law and criminal law. • A civil case involves a dispute between two people, or parties, on a certain issue. One party sues the other, and the jury determines liability and the amount of damages. The court may order the party found at fault to pay money to the injured party or to fulfill an obligation, such as honoring a contract. • Criminal law considers a crime an act against society rather than an individual. Therefore, the government brings

and government, whether directly or indirectly. Furthermore, almost all of the contemporary civil law systems have their roots in the Roman law, which also affects all of us, people living in the Europe, South America and some parts of Africa. Even though the Roman law is not in legal professional use anymore, the knowledge of the legacy is certainly essential for lawyers. Any government imposes its law on the people they rule. As most of the Europe, western parts of Asia and northern parts of Africa

current civil forfeiture laws are flawed and allow corruption into the system. Although there are only three cases mention in this paper, there are more that are not reported due to the fact that some individuals just can’t afford the attorney fees or court cost it takes to fight for their property especially if the property is equal to the amount of fees. These individuals will allow their property to be forfeited with no action on their part. The cases mention also prove that forfeiture laws can and

Martin Luther King Jr. once said, “One has a moral responsibility to disobey unjust laws.” If Martin Luther King Jr. and countless others had not protested during the Civil Right movement there would still be segregation and inequality. Without a doubt, there are times when it is justifiable to break a law in a democratic society. If rights are being denied, if the majority feel it is an unjust law, or even if the minorities (being that they are experts on the subject) feel it is wrong as well. Despite

The differences between criminal and civil case The main differences between criminal and civil law is who the parties that bought the case and what the case is about. Criminal case is when some individual commits a law and control crimes whereas civil law controls arguments between private party. Civil law e.g. When an individual is suing another individual for money owed Criminal e.g. When an individual breaks a law Case one- murder of Kiesha Abrahams Type of case-criminal Type of court-district

preliminary agreement can be binding or not. The question is what makes a preliminary agreement binding and consequently enforceable? At this point, there is going to have a big difference because in Brazil the legal system is the Civil Law, and in the United States it is the Common Law. In the United States’ legal system, be that an “agreement with open terms” or an “agreement to negotiate with good faith”, the two main features important to pay attention to are the primarily reason why the parties had

In Civil Disobedience, Henry David Thoreau questions what men should do when unjust laws exist. He asks, "Shall we be content to obey them, or shall we endeavor to amend them, and obey them until we have succeeded or shall we transgress them at once?" Thoreau says that most people wait until the majority have been persuaded to alter the unjust laws. Socrates would agree that most people do wait until the majority believes that the law is unjust. In the short account that Socrates shares when the

Henry David Thoreau once stated in his book Civil Disobedience, If a law “is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law” (About Thoreau). He had strong beliefs in standing firm in what you think is right. Civil disobedience is explained as a person or group of people who stand against a law that they believe in unjust (Suber). The group or individual participating in civil disobedience usually peaceful, and do not fight against any repercussions

Poll Tax is a levied on every adult, without reference to income or resources. The tax emerged in some of the states of the United States in the 19th century as part of the Jim Crow laws. Henry David Thoreau was living in one of those states at the time while the Mexican War was going happening. They demanded that every citizen paid the poll tax and if not were put in jail. This was a struggle for Thoreau because he didn’t want to support the war. Thoreau believed you should be able to take the consequences

minority groups. Using various forms of laws that codified White Supremacy by restricting their civic participation. In 1865, after the Civil war, many southern state legislatures began enacting Black Codes, which were a set of state laws designed to maintain the social and economic structure of racial slavery even though slavery was now abolished. Black Codes affected the rights given to the freed African Americans, as with the Freedmen’s Bureau Act. This was a law that provided food, shelter, clothing

Major differences in the common-law system of the United States and the civil law system in much of Europe. In civil matters, the European systems do not use juries. There slight exception, but only in that there is some lay participation in some matters. This is unparalleled in the system of the United States. These lay judges are temporarily assigned for a single case, but are on the same level and rank as the professional judge of the case. Nonetheless, there are some criminal cases still will