INTERNATIONAL BUSINESS LAW

International Business law



International Business law

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.

One of the major dissimilarities between lawless person situations and civil cases is that they are held in distinct courts, this is because there is a important distinction between a civil incorrect and a lawless person wrong. Crimes are advised to be a type of wrongdoing, however municipal wrongs are inclined to have only and impact on the parties engaged in the case. For example: a break of contract. Where as criminal wrongs tend to have an influence on humanity itself. For example: a killing, theft or rape.

Criminal law is dealt with in the Magistrates court and if very serious in the Crown court. It is said to be more tough to win a case in the Magistrates court and crest court than in a civil court as in a magistrates and crest court the evidence has to be verified after question and in a civil court evidence can be verified on a balance of probabilities.

Criminal and municipal situations are administered with in different courts of trial. There are two enclosures for lawless person cases, the magistrate's court and the crest court. In a magistrates court lay magistrates discover most cases normally in assemblies of three. Lay magistrates are part time, unpaid and do not need a lawful requirement, although they are aided by a lawfully trained clerical assistant who may advise if requested. Some, but very couple of cases may be heard by District |Judges. District referees are lawfully trained, full time and paid, they sit solely and discover the longer and more tough cases. Only summary offences such as motor offences and secondary assaults are administered with in the magistrate's court. Apart from the exception of triable offences which, can then be dealt with in either two courts of trial. The majority of criminal business is dealt with by magistrates and, despite ideology and triviality, they deal with serious cases. Magistrates also determine, subject to appeal, whether the defendant should be kept in custody pending trial. Magistrates can impose conditions to meet their concerns about granting bail. Courts have limited information on which to base bail decisions, with the exception of experimental bail information schemes involving the probation service. Normally prosecutors and sometimes defence lawyers make representations as to whether bail should be granted or not. There is a high degree of correlation between prosecutors' representations and magistrates' decisions. One problem the society has with magistrates is that sections of the community are underrepresented in the lay magistracy. The lay magistracy remains predominately white, middle aged, middle class and conservative.

The other court of trial for a criminal case is the Crown Court. Indictable offences like murder can only be dealt with in this court and also triable offences for example, all theft cases. An accused has the absolute right of trial in ...