Assessing Of Civil And Common Laws - Free Essay Example

Sample details Pages: 4 Words: 1052 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Compare and contrast essay Did you like this example? First of all, I would like to give some information about Civil law. Civil Law or Roman Law is second well-known legal system in the Western World which is obtained from the Roman Empire. The Civil Law system described a system whereby the law of the land gains from the civil authority or the state. Don’t waste time! Our writers will create an original "Assessing Of Civil And Common Laws" essay for you Create order In general, Civil law was intended to avoid future debates and guide behavior or when that guidance failed, to set forward the penalties or restore that would be available for the failure to so bear. The Civil Law system is still the foundational system in many parts of the world, including continental Europe and Latin America.Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law.  [1]  Moreover, civil law is the branch of law handling with debates between individuals and companies in which victim may be awarded by compensation. For example, in a car crash victim claims damages against the driver for injury sustained in an accident and this will be a civil case.  [2] As for common law, it is the body of law which developed by judges through decisions of courts and similar tribunals, rather than from statutes or constitutions. In this system of law past cases and their decisions are depended on to resolve what the outcome have to be in a present case. This application of past decisions to present cases is called precedent  [3]  . (Wikipedia 2010) Difference between civil and common law systems In general, civil law systems differs from common law systems in many ways. First of all, if we look in history, common law was developed by custom, beginning before there were any written laws and continuing to be applied by courts while civil law developed out of the Roman law of Justinians Corpus Juris Civilis. Moreover, in Civil law systems, laws set the general principles of the law particularly by stating them; the courts then make their own explanation of those general principles once again in each case to arrive at conclusions about how those general principles translate into details. Civil and common law systems also different in criminal procedure. In fact, in civil law system plays a more active role in verifying the facts of the case. Besides that civil law countries examine main crimes by using the inquisitorial system. Moreover, civil law systems rely much more on written argument than oral argument.  [4] Substantive and procedural law Substantive law is the constitutional law which manages the rights and responsibilities those who are subject to it. Substantive law classifies the legal relationship of people with other people or between the state and people. Substantive law identifies crimes and penalties in criminal law as well as civil rights and responsibilities in civil law.  [5] Procedural law is the rule which a court determines what is happening in civil and criminal proceedings  [6]  . Procedural law is different from substantive law that creates, identifies and controls the human rights and responsibilities of individuals. Federal and state constitutions, statues as well as legal decisions are main for substantive civil law on issues such as contracts and probate. The vital concern of procedural law is fair, orderly, efficient and predictable application of substantive laws.  [7] It is a popular fact that the judicial system divides into two types of cases. They are civil and criminal procedures. Now I am going to discuss the differences between civil and criminal procedure. Before mentioning the differences, I consider that it is important to give the general information about these procedures. Civil procedure To begin with civil procedure, it is the body of law that sets out the rules and principles which judges follow when adjudicating civil lawsuits whereas in criminal procedure vice versa. The civil procedure is the procedure which apply in cases which are not considered as criminal. In general, government use criminal trials in order to protect and provide help to the public through punishing an individual. Everyone can use civil trial in turn to implement or protect their rights through orders which are given by courts and by monetary rewards.  [8] Criminal procedure à ¢ÃƒÆ' ¢Ãƒ ¢Ã¢â€š ¬Ã… ¡Ãƒâ€šÃ‚ ¬ÃƒÆ'†¦Ãƒ ¢Ã¢â€š ¬Ã…“Criminal procedures are safeguards against the indiscriminate application of criminal laws and the wanton treatment of suspected criminals. Specifically, they are designed to enforce the constitutional rights of criminal suspects and defendants, beginning with initial police contact and continuing through arrest, investigation, trial, sentencing, and appealsà ¢ÃƒÆ' ¢Ãƒ ¢Ã¢â€š ¬Ã… ¡Ãƒâ€šÃ‚ ¬Ãƒâ€šÃ‚ Ã‚  [9]  (thefreedictionary.com 2010) It is a obvious that criminal procedures are different from civil procedure and in the following paragraphs I will state the difference between these procedures and give some examples in order to support my point of view. For instance, in England if someone defines as a defendant, English criminal court can force the person who commit the crime to pay fine as a punishment and he or she may have to pay the legal cost of the action. Nevertheless, the victim of a crime pursue his cla im for damages in a civil, not a criminal action. In France, a person who suffer from crime may be rewarded damages by a criminal court judge. In criminal procedures the person who commit a crime risks not only to pay financial penalties but also will be sent to prison and this system is higher then civil one. à ¢ÃƒÆ' ¢Ãƒ ¢Ã¢â€š ¬Ã… ¡Ãƒâ€šÃ‚ ¬ÃƒÆ'†¦Ãƒ ¢Ã¢â€š ¬Ã…“In a criminal case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason for this doubt. But in a civil case, the court will weigh all the evidence and decide what is most probable.à ¢ÃƒÆ' ¢Ãƒ ¢Ã¢â€š ¬Ã… ¡Ãƒâ€šÃ‚ ¬Ãƒâ€šÃ‚  (encyclopedia.thefreedictionary.com 2010) The evidence in civil action is more necessarily acceptable then the evidence from in criminal trial. For instance, the person who injured from road accident does not have benefit if the driver who injured him or her is found guilty of careless driving crime. He has to prove his case in civil act ion even he might be able to prove his civil case even the driver found not guilty in the criminal trial.  [10] Conclusion To sum up I would like to restate that civil and common legal systems are very important and plays significant role in our life as I said in the introduction. As I mentioned in the previous paragraphs there are some differences between civil (continental) and common law legal systems as well as in their criminal and civil procedure.

Breast Cancer A Malignant Tumour Essay - 1854 Words

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A mammogram is a safe low dose x-ray of the breast tissue that indicates any suspicious areas (This method can detect ca ncer far before a lump can be seen or felt). An ultrasound scan (sonography) uses sound waves to form an image of the breast tissue, usually used to target a specific area of concern after a mammogram. The ultrasound can help distinguish between cysts (fluid filled sacs) and solid masses. The third stage of diagnosis is the Biopsy. In biopsies, doctors take cells/tissue samples from the suspicious lump so they can be analysed in a laboratory. There are four types of biopsies: FineShow MoreRelatedAdvanced Computational Intelligence Techniques For Hypoglycemia Monitoring System1204 Words   |  5 Pagesbiomedical applications (breast cancer detection) RESEARCH AREA OF INTEREST : HEALTH TECHNOLOGIES 1. 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Symbolism in “The Natural” Free Essays

The novel The Natural by Bernard Malamud is an excellent peace of sports literature. It follows the story of Roy Hobbs as he is reaching old age in the game of baseball. The plot follows his initial talent in a scene set years before the main plot. We will write a custom essay sample on Symbolism in â€Å"The Natural† or any similar topic only for you Order Now Sixteen years afterwards the man is playing for a losing team but can still wow the audience with his raw talents. As the story progresses Roy is characterized through his actions and through the way the supporting characters view him. One symbol that made this work more resounding is the cracking of Roy’s back in the climatic game. This event has a lot of hidden meaning, and helps convey Malamud’s theme to the audience. The first scene in the story is where Malamud expresses the level of talent â€Å"wonderboy†, as he is affectionately called, possesses. He is squaring off against a big league allstar known as the Whammer; â€Å"At thirty-three the Whammer still enjoyed exceptional eyesight. He saw the ball spin off Roy’s fingertips and it reminded him of a white pigeon he had kept as a boy, that he would send into flight by flipping it into the air. The ball flew at him and he was conscious of its bird-form and white flapping wings he heard a noise like the bang of a firecracker at his feet and Sam had the ball in his mitt. Unable to believe his ears he heard Mercy intone a reluctant strike. † (Malamud). This quote is significant because it expresses the potential of the protagonist. It is through these great feats of athletic prowess that we the reader gets to respect him. It makes the plot more important to the reader, as well. This all leads up to the finale with Hobb’s putting it all on the line. The aspect of love is a component to this novel. While Roy is everything to be admired in the athletic sphere, he shows a deeply human aspect to his personality in his dealings with his love interest; â€Å"Noticing Toomey watching her, Roy stole a quick look. He caught the red dress and a white rose [he was] drawn by the feeling that her smile was for him she seemed to be wanting to say something, and then it flashed on him the reason she was standing was to show her confidence in him he became aware that the night had spread out in all directions and was filled with an unbelievable fragrance. (Malamud) Malamud gives his character a truly human characteristic which makes him all the more enduring. As the novel’s rising action takes place, the â€Å"natural’s† intentions are called into question. During the climatic scene, Roy fouls a ball into the stands that injures Iris. During this at bat, Roy also splits his bat, named wonder boy, into two pieces. This is a multilayered piece of symbolism which helps express the author’s true intentions upon writing this novel. The fact that he injures Iris expresses how he is hurting the one’s he loves through his sports persona. He must rectify the relationship between his athletic personality and his human one. It is also significant how it happened on a â€Å"foul† ball, which suggests a seedy side to the tone of this event. Finally, the fact that his bat is split into two pieces shows that he is finally ready to move on from the game he spent his life pursuing. In a conversation late in the novel Roy says this brilliant quote; â€Å"Experience makes good people better. † She was staring at the lake. â€Å"How does it do that? † â€Å"Through their suffering. † â€Å"I had enough of that,† he said in disgust. We have two lives, Roy, the life we learn with and the life we live with after that. Suffering is what brings us toward happiness All it taught me was to stay aware from it. I am sick of all I have suffered. † She shrank away a little. † (Malamud) This is a fitting way to leave the reader of the noel, and let them know what Malamud was getting at. The cha racterization and symbolism of this book really make it a significant contribution to sports literature. He is a larger than life figure with wholly human emotions. He is an epic hero for a contemporary period, and Malamud communicates this beautifully. How to cite Symbolism in â€Å"The Natural†, Papers