BUSINESS LAW

Business law

Business Law

Introduction

In the UK, there is no constitution as a single legislative act and securing foundations of social order. The legal system operates based on an unwritten constitution, drawn from the norms of statutory law. Amongst them, the most important among them is the Habeas Corpus Act of 1679, the Bill of Rights 1689, Act of Succession 1701, Act of Parliament in 1911 and 1949, common law, and the rules of a constitutional convention (Kelly and Holmes 2002, pp. 47) (Ackerman, 1988, 535).

Distinguish between the role of Criminal Law and Civil Law in relation to the English Legal System and analyze the purpose the law is attempting to serve in this area (Ackerman, 1988, 535).

One of the most fundamental distinctions between civil and criminal law is the notion of punishment. Criminal law, a guilty defendant is punished by (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty (Michael and Harwood 1992, pp. 12). . Crimes are divided into two broad classes: those crimes have a maximum possible sentence of more than one-year incarceration; misdemeanors have a maximum possible sentence of less than one year's imprisonment. The civil law in contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's conduct (George 1998, pp. 79). Punitive damages are awarded in cases never a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, whether defendant's conduct is well known and had (1) a malicious intent (i.e., the desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a wilful indifference. The use of punitive damages makes a public example of the defendant and deters the unlawful conduct alleged future. Punitive damages are particularly important in torts involving harm to dignity and civil rights, real monetary injury where the defendant may be small. One can buy insurance that will pay damages and attorney's fees tort claims. Such insurance coverage is a standard part of insurance policies, homeowners, auto insurance, and insurance business. In contrast, no one defendant may buy insurance to pay for his or her criminal acts (Lindsay 2000, pp. 102). While a court may order a defendant to pay damages, the plaintiff cannot receive anything if the defendant has no assets and no insurance, or if the defendant is an expert in concealing assets. In this way, large awards for plaintiffs in tort cases are often an illusion (Hilaire 2008, pp (Ackerman, 1992, 89). 89).

The burden of proof is always in the state. The state must prove that the defendant is guilty. The defendant is assumed innocent; the defendant need not prove anything. (There are exceptions. If the defendant wishes to claim that he or she is insane and therefore not guilty, the defendant bears the burden of proving ...