Civil law is concerned and deals with the relationship between individuals and relates to civil rather than criminal wrongs with the aim of compensating the suing party for such wrongs (Gibson‚ Rigby‚ Ryan & Tamsitt‚ 2001‚ p28.1). A civil action is generally brought by the party who has been injured or otherwise suffered some form of loss as the result of a wrong which only directly affected him (e.g. trespassing into private property). When a civil law is broken‚ legal action is brought by an individual
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Natural Law can be traced back into the Ancient Greek and Roman worlds. In Sophocles’ play ’Antigone’‚ Natural Law is very apparent throughout and the writings of the Greek Philosopher; Aristotle. In his works - ’Nicomachean Ethics’ - he wrote; "The natural is that which is everywhere‚ is equally valid‚ and depends not upon being or not being received...that which is natural is unchangeable‚ and has the same power everywhere.’ The Ancient Stoics emphasised the importance of Logos‚ or rationality
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Monster Essay By: Dawn Corbett In the book Monster written by Walter Dean Myers‚ Steve Harmon is convicted of a felony murder. As a member of the jury in my eyes Steve Harmon is not guilty. Three reasoning’s behind my conviction are that they have no evidence that he was there at the time of the crime‚ there is no probable cause to link him to the crime‚ and all the evidence says he was not there. First reasoning is that they have no evidence that he was there. The only evidence that they have
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Journal #6 Criminal Law May 8 2010 Chapter Eleven & Twelve Summary: Chapter Eleven: Terrorism‚ Treason‚ and Sedition The goals of those that commit crimes of terrorism are disruption of government based on ideological‚ political or religious views. They are sometimes under the direction of another government or act as a group. Treason is the only crime that is written within the Constitution. The acts required for treason are: (1)declaring war against the US (2) Joining the enemy (3)
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and rely on the defence of private defence. The defence would operate if the defendant (Bill) thought he was facing an unjust threat from the victim and to avoid such a threat used a reasonable level of force in circumstances. Section 3 of the Criminal Law Act 1967 states that ‘a person may use such force as is reasonable in the circumstances in the prevention of a crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large’. Thus
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Explain the meaning of law and morality. Discuss whether the law does and should seek to uphold moral principles. (30 marks + 5 marks for AO3). Laws and morals are quite similar in some ways but they also have their differences. Law is best described as rules made by authority. John Austin defined law as a command from a sovereign power‚ law needs to be obeyed and is enforced through sanctions. Morality on the other hand is values and principles as opposed to rules. Phil Harris defines a society’s
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CIVIL CASE AND CRIMINAL CASE Civil Cases A civil case begins when a person or entity (such as a corporation or the government)‚ called the plaintiff‚ claims that another person or entity (the defendant) has failed to carry out a legal duty owed to the plaintiff. Both the plaintiff and the defendant are also referred to as "parties" or "litigants." The plaintiff may ask the court to tell the defendant to fulfill the duty‚ or make compensation for the harm done‚ or both. Legal duties include respecting
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The law generally requires that the accused possess a ‘blameworthy’ state of mind at the time the act comprising the offence was committed‚ and the basic presumption is that mens rea is required for every offence (‘actus non fit reus nisi mens sit rea’)‚ authority for which stems from Sherras v De Rutzen [1895] – “There is a presumption that mens rea … is an essential ingredient in every offence; but that presumption is liable to be displaced either by the words of the statute creating the offence
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Criminal Law Foundations Evaluation Georgette Heisterman CJA/484 July 28‚ 2013 NIcholas Barbella Criminal Law Foundations Evaluation The Juvenile Justice System Juvenile justice is the section of law that applies to persons under the age of 18 not capable of receiving sentencing in the adult court system or old enough to be responsible for criminal acts committed in society. In most states the age of criminal culpability is 18 however‚ the age requirement can be set lower in accordance to certain
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Erica McDonagh Philip Handler 1326 Words 14/07/15 Should English Criminal Law impose a general duty on citizens to assist persons who are in peril? The general duty to assist a person in peril could also be defined as a Good Samaritan law. A Good Samaritan law offers legal protection to individuals who help to aid a person in peril. The Good Samaritan laws were named after a parable told in Luke 10:25-37 of the bible. The story tells us about a traveler giving aid to a person of a different ethnic
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