...Civil Procedure v. Criminal Procedure ENC 1102 34 Week 11 Individual Work Civil Procedure v. Criminal Procedure Civil procedure relates to the process where two parties bring a case to the court for a decision on a particular problem. These problems can include but are not limited to divorces, estate distribution, work men’s comp., injury cases, or even matters such as discrimination in the workplace. Criminal procedure applies to the process where the state or federal government is charging and trying someone for a crime that was committed (Civil Procedure, 2012). The rules in civil procedure are different than those in criminal procedure because the actions that need to be taken are different. Firstly, civil procedure requires that a civil case must begin by filing a complaint. The complaint is then, served to the offending party. Once the defending party receives the complaint, they then drafts and files an answer with the court. A party in a civil case can be anyone including people, businesses, and government personnel. When the parties go in front of the court in a civil case, it is to determine whether a person was injured and if they were injured, how much should be compensated for that injury. All of this information pertaining to the civil case is specifically drafted into the court documents (American Bar, 2012). Civil cases, also, have some Constitutional protection in place. For example, the parties involved in a case must file and receive consent of the...
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...Running head: Law, Tort Law, Criminal Law, Contracts, and Civil Procedure | | | Law, Tort Law, Criminal Law, Contracts, and Civil Procedure In defining the term law, tort law, criminal law, contract and the sources from which law derives, I will use a case that took place in 1929 “Donoghue v Stevenson” to demonstrate the these laws which will show a successful negligence suit, as well as defenses a defendant presenting evidence to refute a plaintiffs evidence. J.G. Holland said it best! In the words of J. G. Holland “Laws are the very bulwarks of liberty; they define every man’s rights, and defend the individual liberties of all men”. Laws are derived from the United States Constitution; Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary. Established Constitutional and administrative law govern the affairs of the state. Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state. Most jurisdictions, like the United States and France, have a single codified constitution with a bill of rights. A few, like the United Kingdom, have no such document. A "constitution" is simply those laws which constitute the body politic, from statute, case law and convention. Law is defined as a system of rules...
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...AN OVERVIEW OF BANGLADESH LEGAL SYSTEM WITH SPECIAL REFERENCE TO CRIMINAL JUSTICE ADMINISTRATION SYSTEM An overview of Bangladesh Legal System with special reference to Criminal Justice Administration System Submitted to Barrister M. Zillur Rahman Course Teacher Legal Environment of Business (L-501) IBA Submitted by Apon DasRahman Saihad Shahid | 0306 | Institute of Business Administration University of Dhaka Date: 03-07-2012 Date: 03.07.2012 Barrister M. Zillur Rahman Course Teacher Legal Environment of Business (L-501) Institute of Business Administration University of Dhaka Dear Sir: Subject: SUBMISSION OF GROUP TERM PAPER Here is the report on “An Overview of Bangladesh Legal System with Special Reference to Criminal Justice Administration System”. This report mainly gives an overview of the legal system of Bangladesh and its history. The report gives special focus on the criminal procedures and systems used in Bangladesh. Moreover, the report also analyses two real life criminal cases with the help from the theories and techniques learned from the Legal Environment of Business Course. We would like to thank our Course teacher Mr. Zillur Rahman for giving us the support and opportunity to write this report. It has been an honor and a privilege. Sincerely Yours, ________________ Apon Das (Roll 03) __________________________ Rahman Saihad Shahid (Roll 06) Contents Executive Summary vii 1.0 Introduction 1 1...
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...tools now. Drafting Law in the past was cumbersome as it took long for the Law on civil procedure and criminal procedure or the broad basis on which the principal lines of it’s construction would be settled before it was to be finally elaborated and enacted. During colonial period the principal judge, R W Hamilton undertook the drafting work both on civil and criminal procedure, but he purposely restrained from talking or asking the government to take steps with Iterance to an enactment of civil procedure so that it might not interfere with the production of the enactment on criminal procedure which he considered to be the most important of the two. In august 1908 the drafting of he criminal procedure ordinance began. The draft of the first local criminal procedure ordinance was completed in December 1908 and in January 1909 it was sent to the Crown Advocates office for consideration by the government. Thereafter every effort by the principal Judge to get the work pushed forward was made without much success. The draft led to wait until 1913 when the ordinance was enacted, taking into account the fact that the preparation of a code on criminal procedure had been directed in 1985, the completion of ordinance in 1913 was already long-over-due; Judge Hamilton had intended to have the state of the civil procedure ordinance ready for submission to the government as soon as the criminal procedure ordinance was passed, and the endeavored to carry out this intension amid treat pressure...
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...Sc ottis h Parli ament and Sc ottish Parliament Informati on Centr e l ogos. SPICe Briefing The Scottish Civil Court System 13 February 2014 14/15 Sarah Harvie-Clark This Briefing provides an overview of the civil court system in Scotland, including a description of the main civil courts and the hierarchy associated with them. It also provides an introduction to the key terminology associated with the civil courts and a brief overview of other bodies and individuals associated with the civil courts system. The Briefing is intended to be useful background for those with an interest in the Courts Reform (Scotland) Bill. For an overview of the system of criminal courts in Scotland see the SPICe Briefing entitled The Scottish Criminal Justice System: the Criminal Courts (McCallum 2011). CONTENTS EXECUTIVE SUMMARY 3 AN INTRODUCTION TO THE CIVIL JUSTICE SYSTEM 4 THE SCOTTISH CIVIL COURTS AND TRIBUNALS 6 OTHER RELEVANT BODIES AND INDIVIDUALS 12 SOURCES 13 RELATED BRIEFINGS 18 2 EXECUTIVE SUMMARY The justice system in Scotland is split into two distinct parts: the criminal justice system and the civil justice system. The distinction between the two parts of the system is as follows: the criminal justice system exists to prosecute, or otherwise deal with, those who commit crimes. On the other hand, the civil justice system exists to give people and organisations a way to protect and enforce their legal rights and to regulate...
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...Johnson has been representing private individuals in criminal, civil, Texas workers’ compensation and personal injury cases. He serves individuals who reside in Plano, Texas; the Dallas-Fort Worth Metroplex and its surrounding areas. Furthermore, Attorney Johnson is an experienced litigator and has previously worked as a criminal defense attorney as well as a prosecutor in both the trial, and appellate courts. In addition, he has served in civil cases as a defense attorney and plaintiff attorney at the administrative, trial, and appellate levels. Attorney Wm. Randell Johnson's Board Certifications Through the Texas Board of Legal Specialization Attorney Johnson is also one of the few attorneys in Texas who has received certification in three practice areas: 1. Civil Trial Law – December...
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...Rehnquist Courts Michael Walker Park University Abstract The criminal justice system is greatly shaped by the civil rights safeguarded under the Bill of Rights. The court jurisprudence with regard to national security and civil liberties largely revolves around the provisions of the Bill of Rights (Baker, 2003). This paper discusses Chief Justices Earl Warren and William Rehnquist’s significant decisions and the effects they had on the balance between social order maintenance and individual liberties. Warren versus Rehnquist Courts Earl Warren held the position of Chief Justice between 1953 and 1969. He led a liberal majority, who utilized the judicial authority to consternate their conservative opponents. The Warren Court promoted the federal power, judicial power, civil liberties, and civil rights in a dramatic fashion. The Rehnquist Court, on the other hand, took a conservative approach in criminal justice (Pollak, 1979). The most significant case that the Warren Court decided with regard to civil liberties was Brown v Board of Education of Copeka, Kansas (1954). The court unanimously ruled that there is no place for the doctrine of separate but equal doctrine in the sphere of public education. The Warren Court demonstrated its value for liberalism and activism. The view of the Warren Court was that states are a hindrance in the enhancement of a just nation. In the sphere of criminal procedure and law enforcement, Chief Justice Earl Warren’s Court was associated...
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...Abstract Delay is a very harmful matter for civil suits. And its situation in Bangladesh is very dangerous. Time consumed for the final disposal of cases from the date of its institution is too long. 10-15 years in many instances. This delay has been causing serious harassment to the litigant public. It has come to many mind that the present system of administration of justice, a foreign transplant, is unsuited to the genius of our people, its procedures are dilatory and cumbersome, not advancing the cause of substantial and quick justice. The situation is serious indeed and calls for careful consideration of the reasons for this delay. The system of administration of justice as obtaining in Bangladesh, both as regards the hierarchy of courts and the procedures followed by them, is the result of an evolutionary process the present system coming down from hundred years back and the people including the unlettered villagers have become used to its formalities and technicalities. Why then the people are losing confidence in the system is the question of the day. The answer is not far to seek. The procedure delay in disposal of cases, may account for much of the erosion of confidence in the system. But no particular point in Bangladesh. The administration of justice alone can be said to be the source of delay. It starts right from the beginning and endorse of the end. In decree of execution the uncertainty looms unending to the woe and worry of litigants- winners or losers. Through...
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...make up the four classifications of law. 1. Substantive of laws vs. Procedures of laws- Substantive of law is the substance that makes up a law. It is the meaning of a law that explains what you can and cannot do. For example the law states that you cannot murder another human being unless it was in self defense, you were under duress, or if you were drugged by another person. Unlike substantive of law, procedures of laws are just the steps that must take place when filing a lawsuit against another party. 2. Public vs. Private Law- Public law simply means that the government is involved. Public law is any law that has to do with the constitution and the public. This type of law normally involves a criminal suit were the government is prosecuting a citizen for a crime they allegedly committed. Private laws are laws that do not involve the government, and are laws that allow one private entity to sue another private entity in a civil lawsuit. 3. Criminal vs. Civil Law- Criminal law was created to protect the public from the government or from themselves. Criminal laws were created so that the government could not prosecute individuals without due process and so that the public could protect themselves from each other. Civil law are cases where one or both parties are looking for compensation instead of jail time. Civil law covers anything that criminal law does not cover in the court system. 4. Common vs. Civil law countries- Common law countries prosecute with the concept of "Stare...
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...Code, 1860 141. Unlawful assembly.-- An assembly of five or more persons is designated an" unlawful assembly", if the common object of the persons composing that assembly is- First.- To overawe by criminal force, or show of criminal force, 10[ the Central or any State Government or Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or Second.- To resist the execution of any law, or of any legal process; or Third.- To commit any mischief or criminal trespass, or other offence; or Fourth.- By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or Fifth.- By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation.- An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly. Central Government Act Section 447 in The Indian Penal Code, 1860 447. Punishment for criminal trespass.-- Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. Central Government...
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...Criminal Offences Criminal offences are dealt with by the police, they will arrest the suspect for what criminal actions may be and then will take them to the station for questioning. They will either release the suspect without a charge, will charge the suspect of an offence or bail the suspect and they will return at a later date, the suspect can be cautioned. However after an arrest the arrestee may want to be granted bail, this will be given by the police if they choose to give this. The offences are categorized into three main headings; Summary offences, Indictable offences and either-way offences. Summary offences will be heard at Magistrates Courts and will involve actions such as motoring offences e.g. speeding, driving without a licence or valid licence, no insurance and drink driving. The maximum penalty for summary offences include a 6 month imprisonment, or a fine of £5,000. Indictable offences are the most serious cases that will be tried in the Crown Courts, e.g. murder. Either-way offences are offences that could be tried ‘either-way’ depending on the seriousness of the case; this could be tried in the Crown Court or Magistrates Court. An example of an either-way offence is theft. Cases that take place in a Magistrates Court are heard by Lay Magistrates or a District Judge, in the Crown Court the juries will make the final decision. A judge will also be present to see if the procedures are all done properly. A Court of First Instance is dealt with within the District...
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...Between the Criminal and Civil Justice Systems? There are two different types of court systems: criminal and civil. There are vast differences between the two systems, including different types of punishments, laws, and burdens of proof. While the two systems are usually separate, there are some situations where they seem to overlap, such as wrongful death cases and cases involving police misconduct. How Does Each System Work? The first difference that should be noted is that in the criminal system, the government (either state or federal) seeks to punish a person for violating rules that have been set by a state legislature or Congress. In the civil system, there is usually a dispute between individuals or organizations as to rights and/or duties that they owe each other. In the civil system, the injured party starts things by bringing a suit. On the other hand, a prosecutor can bring a criminal case regardless of the victim¿s wishes. What Punishment are Available in Each System? In the criminal system, if you are convicted you could face fines, probation, and jail time. If you are found to be liable in a civil case, you face possible monetary damages and you may be forced to give up property. But, you will never face jail time in a civil case. Also, it should be noted that one of the purposes of the criminal system is to stigmatize an individual, unlike the civil system. What about the Burden of Proof? The burden of proof is higher in criminal cases. For a criminal case, a...
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...Criminal Law vs. Civil Law There are numerous differences between criminal and civil law. Criminal law is defined as a body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. (The Free Dictionary by Farlex) Civil law is defined as the body of laws of a state or nation dealing with the rights of private citizens. (The Free Dictionary by Farlex) In an attempt to explain the difference, you must first understand criminal law. Criminal laws are substantive and divided into categories of misdemeanors and felonies. The primary difference between misdemeanor and felony is the distinct punishments and issues regarding severity. In general, a misdemeanor is a violation of a meager crime. Misdemeanors typically do not involve violent actions or crimes that cause great harm to a society. Common forms of misdemeanors include: resisting arrest, simple battery, shoplifting, public intoxication, and in some states possession and use of marijuana. In contrast, a felony is a serious crime, such as rape, murder, kidnapping, grand theft auto, or assault with a deadly weapon. Convicted felons will undoubtedly face jail time. The Federal Government states that a felony is any act that carries a minimum one-year prison sentence (Difference Between a Misdemeanor and Felony). In criminal law and with criminal court the prosecution is always...
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...Recommended Sequence - Bachelor of Arts/Bachelor of Laws | | Full-time | | Year 1 | | Autumn session | | 200006.2 | Introduction to Law | | 200008.3 | Torts Law | | Two units from the Year 1 core Arts units listed below: | | 100958.2 | Australia and the World | | 100960.2 | Contemporary Society | | 100968.3 | Texts and Traditions | | 100846.2 | Analytical Reading and Writing | | Spring session | | 200007.2 | Law Foundation | | 200010.2 | Criminal Law | | Two of the remaining Year 1 core Arts units from the list below that were not undertaken in Autumn session: | | 100958.2 | Australia and the World | | 100960.2 | Contemporary Society | | 100968.3 | Texts and Traditions | | 100846.2 | Analytical Reading and Writing | | Year 2 | | Autumn session | | 200011.2 | Contracts | | Arts sub major unit | | Two units from your chosen major | | Spring session | | 200012.3 | Property Law | | Arts sub major unit | | Two units from your chosen major | | Year 3 | | Autumn session | | 200020.5 | Professional Responsibility and Legal Ethics | | Arts sub major unit | | Two units from your chosen major | | Spring session | | 200009.3 | Constitutional Law | | Arts sub major unit | ...
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...MALAYSIAN JUDICIAL STRUCTURE THE SUPERIOR COURTS 1. The Federal Court The Apex Court The Federal Court is the highest judicial authority in the country. It was established pursuant to Article 121(2) of the Federal Constitution. Its decision binds all the courts below. Prior to 1st January 1985, the superior courts system in Malaysia was three-tiered, namely, The Privy Council The Supreme Court The High Court Malaya and the High Court Borneo. The Privy Council was the highest court of appeal for Malaysia until 31st December 1984. On 1st January 1985, all appeals from Malaysia to the Privy Council were abolished. In its place, the Supreme Court was established making it the final court of appeal in the country. The abolishment of appeals to the Privy Council resulted in a change from the three-tiered system of superior courts to a two-tiered system, which was the Supreme Court and the two (2) High Courts. In 1994, a significant change took place in the Judiciaryw hen Parliament amended the Federal Constitution. With the amendment, the Court of Appeal was established. The Supreme Court was renamed the Federal Court. As a consequence, the three-tiered system of the superior courts was restored. The Federal Court is headed by the Chief Justice. Prior to the amendment the post was known as the Lord President. Members According to Article 122(1) of the Federal Constitution, the Federal Court shall consist of the Chief Justice, the President of the Court...
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