Preview

Ass 1 intro into commercial law 510

Powerful Essays
Open Document
Open Document
1338 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Ass 1 intro into commercial law 510
Question One LEGAL SYSTEM

a) The Act of Parliament I have chosen is the Smoke-free Environments Act 1990
This Act was introduced to prevent the effect of other people's smoking on the health of people in the workplace or other public enclosed areas. Society’s beliefs have changed on this subject and the laws have changed to keep pace, “fifty years ago it was polite to ask somebody would you like a smoke? Today it would be deeply impolite not to ask, do you mind if I smoke?” (CDC, Jan 29, 2014)

b)
(i) Ethics involves rules that define right and wrong conduct especially in business.
(ii) Law is a set of rules administered and enforced by the state.
(iii) Morality involves rules that define acceptable behaviour for members for a society.

c)
(i) Civil Law is made up of all the different areas of private law, but excludes laws which define and control criminal behaviour, only concerned with the wrong doing between individuals/parties e.g. the law of contract, Property law.
Criminal Law Deals with crimes against the state i.e. Thief, assault, rape, murder and punishment is by the state, this distinction is made because criminal and civil law have their own characteristics.

(ii) Public law and Private law differs from the above because Public law is overall concerned with the matters that affect the state as a community were as Private law is overall concerned with the matters that affect the rights and duties of individuals/parties between themselves.

d)
(i) Until the arrival of MMP, the Executive branch managed to get all its policies into law while the legislative branch still involves itself in decisions made by the judicial branch. Basically it has forced the Executive branch into negation with the minor parties, before developing policy’s, thus the views of the public in all sections are covered.

(ii) The legislature branch’s main function is to make laws. The Judiciary most important function is to interpret these laws and

You May Also Find These Documents Helpful

  • Good Essays

    Criminal law- involves an offense where the entire community is harmed and the remedy is a fine or imprisonment for the offender. The responsibility of pursuing a violation of criminal law rests with the state. Where as, civil law does not directly harm a community and the remedy for a violation of civil law is to sue the violator and order the violator to pay damages. A person may be charged criminally and sued civilly.…

    • 488 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Civil law deals with the definition and enforcement of all public and private rights. Whereas criminal law defines and governs the actions that constitute crimes. Criminal law has to do with wrongful actions committed against society for which society demands redress.…

    • 872 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Legt1710 Study Notes

    • 1281 Words
    • 6 Pages

    The Common law system can be further broken down into civil and criminal law. Civil law is where an action brought by one individual/entity against another. As it emphasises on remedies the standard of proof required by the plaintiff is to prove the case on…

    • 1281 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Badm 300 Exam 1 Reviewo

    • 1154 Words
    • 5 Pages

    Criminal Law: is the body of law that relates to crime. It is the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people. Criminal law also sets out the punishment to be imposed on people who do not obey these laws. Criminal law differs from civil law, whose emphasis is more on dispute resolution than in punishment. Violation will result in jail.…

    • 1154 Words
    • 5 Pages
    Satisfactory Essays
  • Good Essays

    Chapter law infrocement

    • 729 Words
    • 2 Pages

    Criminal laws mean that either the state or federal government is bringing a suit against a defendant for violating a criminal statute.…

    • 729 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Law 421- Role Functions

    • 738 Words
    • 3 Pages

    Since law is a broad area of our governmental system, it can be broken down to several classifications to better understand each of them. Perhaps the most important one is Criminal and Civil Law. Criminal Laws are the laws that cover criminal activities such as robbery, murder, kidnapping etc. This is usually between an individual or a group of individuals against society. Civil Law is mort focused on two private parties. The most common type of civil law would be divorces and custody battles. These laws are our underlying written…

    • 738 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Civil cases usually involve private disputes between persons or organizations. Criminal cases involve an action considered to be harmful to society as a whole.…

    • 1030 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    Team Reflection Week 2

    • 613 Words
    • 3 Pages

    In contrast civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. For example, consumers file a class action suit against Ford Motor Corp for negligence for polluting and not using greenhouse emissions. Claiming they lived next to the plant and became ill due the pollutants. Whereas, criminal law is the body of law that deals with crime and the legal punishment of criminal offenses. Additionally, civil law is the practice of negligence or malpractice. Common law evolves with new decisions made by judges in courts. On the other hand statutory laws are normally passed by various government agencies of a country. (G.Hill,2005)…

    • 613 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Criminal law deal with people who have offended, or are at risk of offending against children. Some Acts may cross each other and include provisions for both civil and criminal laws to insure the optimum protection for any children involved.…

    • 566 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    When is a legal problem criminal or civil? What is the difference between the two? Some would say the difference would be the punishment, while others would say it would be the burden of proof needed to prove a case. Civil law examines the rights and duties of one individual to another. One of the main areas considered in civil litigation is the relationship of consumers, businesses, and contracts. A breach of the civil law could result in an action brought by the claimant (plaintiff) against the defendant. The burden of proof in civil law is upon the claimant who must prove the case by a preponderance of evidence.…

    • 1518 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Misdemeanor Vs Felony

    • 887 Words
    • 4 Pages

    Civil law deals with disputes between private parties. Criminal law deals with crimes committed against the government and society. The goal for civil law is compensation. The goal for criminal law is to keep stability in the state and society and punishing offenders and deterring people from offending/committing crimes. Civil law punishes by compensation but criminal law is usually punished by jail time and fines. The standard of proof for criminal law is beyond a reasonable doubt and the burden of proving the defendant’s guilt is on the prosecution. The standard of proof for civil law is preponderance of evidence and the burden of proof is on the plaintiff. In criminal law cases a defendant is entitled to attorney if they can not afford one but civil cases you do not have this right and have to pay. The similarities between civil and criminal law could also be the fact that a crime has been committed and there will be…

    • 887 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The Legislative power is responsible for making laws. Only they can, no other branch or power can. They can’t make any law they want though. There has to be some restrictions. The laws have to benefit the public and freedoms have to be looked out for. Taxes can’t be raised on property without the consent of the people. If anybody tries to impose a law without right or discussion from the people they will be punished. People don’t have to follow the law if it wasn’t created by the Legislative power,but instead a third party. The Legislative branch has to look out and protect the people when it comes to making laws. They have to look after…

    • 595 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    | Incorrect. This is a characteristic of civil law; criminal law deals with crimes against the public.…

    • 5334 Words
    • 22 Pages
    Satisfactory Essays
  • Satisfactory Essays

    An important function of the law is to provide jurisprudence. ANSWER: F PAGE: NAT: AACSB Reflective Thinking 2 TYPE: AICPA N Critical…

    • 4405 Words
    • 18 Pages
    Satisfactory Essays
  • Powerful Essays

    Interpretation of Statutes

    • 3667 Words
    • 12 Pages

    It is a well established fact that the legislature is highest law making body and the court is merely an interpreter of the law. But actually the fact is by interpreting the law the court can make comprehensive changes in the actual implementation and overall maneuver of the law.…

    • 3667 Words
    • 12 Pages
    Powerful Essays

Related Topics