BUSINESS LAW

Business Law

Business Law

Part 1-A

Distinguish between the role of Criminal Law and Civil Law in relation to the English Legal System and analyse the purpose the law is attempting to serve in this area.

Civil law is a legal system motivated by Roman law, the prime characteristic of which is that laws are in writing into a assemblage, codified, and not (as in common law) very resolute by judges. Conceptually, it is the assembly of legal concepts and systems finally drawn from the Code of Justinian, but very powerfully overlaid by Germanic, ecclesiastical, feudal, and localized practices, Charles Arnold Baker, The Companion to British History, "Civilian" as well as doctrinal strains for example natural law, codification, and legislative positivism. (Buhofer, 2007, 24-30)

Materially, civil law advances from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. It retains legislation as the prime source of law, and the court system is generally inquisitorial, unbound by precedent, and created of particularly taught judicial agents with a restricted proficiency to interpret law.

The prime source of law is the legal cipher, which is a compendium of statutes, organised by subject issue in some pre-specified alignment, retrieved on 12 June 2009: a cipher may furthermore be recounted as "a systematic assemblage of interrelated items in writing in an abrupt, staccato style."Law ciphers are generally conceived by a legislature's enactment of a new statute that embodies all the vintage statutes pertaining to the subject and encompassing alterations necessitated by court decisions. In some situations, the change outcomes in a new statutory concept and the two other foremost legal systems in the world are common law and Islamic law. (David, 2007, pp. 23-33)

Civil law is occasionally mentioned to as neo-Roman law, Romano-Germanic law or Continental law. The sign civil law is a transformation of Latin just civil, or "citizens' law", which was the Late Imperial period for its legal system, as are against to the laws governing conquered peoples. (Bryan, 2001, pp. 141-150)

 

The Difference between Criminal Law and Civil Law

1. It is Public Law2. It is between the state and the one-by-one or organization3. The state (Crown Prosecution Service) deplores, prosecutes) 4. It is listed as R -v- title of the suspect (R = Rex/Regina -the monarch) 5. Proof is the states, after sensible doubt6. It is administered with by Magistrates, or by Crown Court7. It is Not Guilty or Guilty and a Sentence -imprisonment/community-service/fine and test charges except on legal assistance.If It Is Civil Law

1. It is Private Law2. It is between individual/s and organization/s3. The individual/s or the association sues4. It is Complainant (plaintiff) -v- Defendant (their names) 5. Proof is on a balance of probabilities6. It is administered with by a County Court or the High Court7. It is a Judgment and the victor is bestowed a remedy and, commonly, costs. (Meir, 2005, pp. 33-40)

The Legislative Process in EnglandMain causes of law in England are:-1. Legislation -including Delegated Legislation...2. Precedent (Judge-made law) -which mostly comprises of the Laws of England and Wales and as (differently) ...