Difference Between Criminal And Civil Procedure Law Essay

Difference Between Criminal And Civil Procedure Law Essay Law is a set of general rules which are created by a superior entity in order to regulate human behaviour and maintain justice and peace in the society. Law applies to everyone living in a particular territory  [1]  . There are as many legal systems in the world as countries, but for academic reasons we classify them into three main categories: Continental (Civil, Romano-Germanic) legal system, Common (Anglo-American) legal system and Religious legal system. Law can be split up in different branches such as, Criminal law, Civil law, Commercial law, etc. In this essay I will discuss the differences between Criminal and Civil procedure in Continental and Common legal system. Continental legal system is the oldest and most widely implemented legal system in the world. It derives from Roman law, Canon law and Commercial law. The Roman law started its contribution by the XII Tables which were published in 450 B.C. Later in the year 530 Justinian codified Roman law by publishing Corpus Juris Civilis. According to Justinian Roman law consisted of Ius Civile the body of laws which applied to local citizens, Ius Gentium the laws which applied to foreigners and Ius Naturale the body of laws that were considered common to all human beings  [2]  . The Canon law was developed by the Church in order to administrate and monitor the rights and obligations of the people. The needs and interests of merchants lead to the development of Commercial law. The historical sources of concepts, institutions, and procedures come from these three sub traditions. Today it is dominant in most parts of Western Europe, all of central and South America, many parts of Asia and Afric a. Continental legal system has influenced the laws of specific nations, the law of international organizations and international law. The main feature of this legal system is that all the laws are codified (i.e. written down). Common Legal System: The Common law system is one of the most influential legal systems of the world. Before 1066 in England there was no legal system, instead it was based upon oral customary rules, which varied from region to region. In 1154, Henry II institutionalised common law by establishing a unified court system which was common to the whole country. The common-law system exists in England, the United States, and other countries which were colonized by England. This makes it one of the most widespread legal systems in the world. Common Law system is mainly based on the case law or judicial precedent, this system doesnt use legislation as a primary source of law instead legislation for them is a clarification of legal rules and principles which are essentially derived from case law/judicial precedents. In this type of legal system law is developed on a case-by-case basis. In the common law system the solution to a case becomes a part of the law. This concept is known as Stare Decisis. Difference between Common and Continental Legal system: In the Common legal system the judges have very broad interpretive power. However in the Continental legal system the judges serve as civil servants who receive salary and belong to an organization of judges  [3]  . In Continental legal system all the laws are written and codified, and unlike Common legal system they are not determined by the judges. Instead they are determined by the parliament. Legislation is the primary source of law and the court system is not adversarial (i.e. the judge takes an active part in the hearings/trials). Also in the Continental legal system any updates to the laws must be made through legislation or some other long process. While in the common law system laws can be changed/updated by single rulings. This allows the common legal system to develop faster than the continental legal system. In the Continental legal system there is a major difference between public and private law. Private law includes the rules governing civil and commercial relation ships, whereas Public law consists of matters that concern the government. Similarly in Common legal system there is a difference in private and public law; however the process is slightly different. Substantive and Procedural Law: There are two main categories within law known as substantive law and procedural law. Substantive law deals with creating and defining the rights and obligations of individuals and parties. It refers to all categories of public and private law. On the other hand, procedural law is the body of legal rules which regulates the process of determining the rights and obligations of parties. Procedural law is also referred to as adjective law  [4]  . It is made up of state or federal statues, rules proclaimed by courts and standards established by constitutional law  [5]  . Common legal system pays more attention to procedural law than to substantive law. However, substantive law plays a vital role in Continental legal system. Criminal Law and Procedure: Criminal law is the body of rules and statues which define the conduct which is prohibited by the state/government because it may harm the society/public. It is a welfare that establishes punishment which will be imposed if this law is broken. Criminal procedure states the rule under which criminal cases are conducted. It involves investigation, prosecution, adjudication and the punishment of the crimes. A regular criminal proceeding, in the Continental legal system, is divided into three main parts: the investigating phase, the examining phase and the trial. The public prosecutor conducts the investigative phase and also takes an active part in the examining phase, which is supervised by the examining judge. This phase is mainly written and it determines whether there is a need for a trial or not  [6]  . The trial is a relatively brief and informal affair conducted by a judge without a jury. The defendant does not necessarily have the right to keep silent. Sometimes the trial do es not require all the witnesses to be present and may last in excess of a year. On the other hand, in the Common legal system a criminal proceeding starts with a police investigation which is aimed at collecting evidence that will prove the defendant guilty. Then an adversarial trial is conducted before either a judge or a jury. The attorneys conduct the trial and try to convince the judge in their favour. The trial is continuous and the evidence against the defendant must be presented by live witnesses in court. One of the basic differences in criminal procedure in Common legal system and Continental legal system is that, the judge in Continental legal system plays a more active role in determining the facts of the case (i.e. takes an active part in the proceedings) while the contrary is true for Common legal system. Also, the continental legal system relies more on written argument than on oral argument. However, in the common legal system everything in the trial is primarily oral. Civil Law and Procedure: Civil law is the body of rules that delineates the private law (e.g. contract law, property law, family law, etc.). It is opposed to criminal or public law. Civil procedure is the body of law that sets out the rules and standards that courts follow while judging civil lawsuits (i.e. non-criminal matters). It administers how a lawsuit/case will be carried out (i.e. the whole process). It is a general part of the private law and can be exercised by anyone to impose, redress or protect their legal rights. In the Continental law civil procedure is found in codes, whereas in the Common legal system it is found in rules of court made under statutory powers. Historically, in the Common legal system civil procedure lawsuits included a jury and a judge. The matter of law was reserved for the decision of the judge and the matters of fact for the jury. Even though, this practice is greatly discontinued in most of the modern Common legal countries the United States still employ it. The litigatio n is commenced by means of a document drawn up by the claimant which is then validated by the court. Hereafter, pleadings are followed by disclosure (i.e. disclosing evidence to the other party). Trial is usually lead by a hearing in which problems arising in pretrial procedure might be determined and attempts to compromise are made. In Continental legal system trial by jury is unknown and the litigation is usually conducted by a multijudge court. The issues of law are often determined by a series of hearings. The prominence is more on written evidence than on oral presentation  [7]  . Difference between Criminal and Civil Procedure: In criminal lawsuits, the litigation is always filed by the state, whereas in civil lawsuits a private party files the litigation and becomes the claimant. In criminal lawsuits a guilty defendant is punished by either imprisonment, fine paid to the state or death penalty (exceptional cases). On the other hand, the losing defendant in civil lawsuits is generally supposed to reimburse for the losses caused to the claimant. In criminal lawsuits the burden of proof is always on the state (i.e. the state must prove that the defendant is guilty), since the defendant is assumed to be innocent until proven guilty. However, in the civil lawsuits the burden of proof is initially on the claimant, but in some cases it shifts to the defendant. In criminal cases the defendant is protected by a number of protections which are specified in the constitution (or legislation). But in civil cases there are no protections offered to defendants. Another difference between criminal and civil lawsuits is th at, criminal cases have to be proven beyond reasonable doubt. Civil cases only have to be proven on the balance of probabilities  [8]  . It can be seen that there are many differences in the Common legal system and the Continental legal system. These differences exist not only in their historical background but also in their approach to legal matters. I personally believe the procedures are flexible and the parties to the case enjoy more rights and obligations in Common Law system, since the Judge refers to a previously held similar cases and the legislation is not codified. As we know, there are clearly many differences between Common and Continental legal systems, however it should be noted that in the recent times both systems have started to converge in their use of the sources of law. As De Cruz (1999) mentions, in the recent times the English legal system has started to give more significance to legislation. On the other hand the Continental legal system has also started to rely on precedents, especially in German constitutional and French administrative courts. Thus, this leads us to think that there is a possi bility of the legal systems converging together. This concept is known as the Convergence theory. This might be possible in some aspects, however not completely because of the enormous difference in ideology, social and economic policies, morality and many other things.

Difference between functional and dysfunctional conflict Essay

Functional Conflict Susie Steel is a vice president in a real estate development firm called Hearts Development. She has spent enormous amounts of energy cultivating a relationship with a local town regarding an available plot of land. Susie would like to purchase the land to build townhomes for sale. She has developed an excellent relationship with the town politicians and community members. An issue has developed over the planned usage of the land, though. The town will sell the land to Susie’s company but feels that townhomes would be bad for the overall community. They’re concerned with the additional cost and burden of kids that the townhomes would bring into the community. Susie understands the community’s concern and wants a win-win situation to occur. She feels that this issue will be a functional conflict due to the fact that the disagreement will bring a positive end result to both parties. Positive results of functional conflict include: Awareness of both sides of issues Improvement of working conditions due to accomplishing solutions together Solving issues together to improve overall morale Making innovations and improvements within an organization In Susie’s case, constructive criticism and discussion resulted in a compromise and a solution between the parties. Susie understood the town’s concern but needed to find something to build that would bring revenue for the company. Through their joint meetings, the end solution was for Hearts Development to build a retirement community, which would only have citizens 55 and over living in the town. This would eliminate the issue of having more young people come into town and burden the school system.

Horizon Foods Corporation

1) Case Summary (What’s the issue? ) Horizon Foods Corporation (hereafter â€Å"Horizon†) is a still-growing, nationwide foods organization that is widely known for its high quality products. With $300 million sales each year, the firm has been relatively successful so far, gaining good reputation and arousing much interest of the public through its brokers and local retailers. However, as the company prospers and customers demand more, Horizon foresees a coming crisis. The distribution issue, which the company has faced for a while, is now causing stock-outs, and increasing competition in the market is threatening the company’s market share.Authorities involved fail to scrutinize the issue and its cause, and they are eager to blame each other for the problems. The division of labor between two major departments – Marketing and Sales, and Production – seems to need a complete rearrangement for a more efficient process. Horizon should also analyze it s current brand positioning in the market and rework its strategies if needed. 2) Q1. What are the characteristics of the market served by the Horizon Foods Corporation? Horizon is a specialty foods processor.It has served a national market composed of food brokers who represent retail store chains. The food brokers make orders to Horizon. Generally, the orders are small. The production is done in two different plants thanks to the ingredients from some food suppliers. The plants are located in agricultural areas to reduce the cost of transportation. Moreover, Horizon produces in large quantities, and the food produced is very good in quality. The production is dispatched to several public warehouses. Then, these warehouses use contract carriers to deliver the products to the customers.Because of the small orders, the transportation cost to retail stores can be high. The market is very competitive since many of Horizon’s food competitors also offer a complete production line (See Appendix for diagram A – The Schema of the Market). 2) Q2. What problems exist at the Horizon Foods Corporation? Two issues exist at Horizon – namely, inefficient division of labor and increasing market competition. Firstly, inefficient division of labor is simply the inappropriate â€Å"split between delivery from production and service from the warehouse†.The problem might also be termed the lack of effective communication between the two major departments: Marketing and Sales (hereafter â€Å"Marketing†), and Production. Marketing is mainly responsible for promotion, merchandise, and delivery to customers whereas Production focuses on manufacture and transportation to public warehouses. The customers’ demand for the firm’s products, which are continuously measured and evaluated by the Marketing, is rather unknown to the Production, and a lack of such inter-communication is the cause of the â€Å"number of stock-outs that [retailers of the Horizon Foods Corporation] have been recently experiencing†.Secondly, increasing market competition poses a challenge to the firm. Competition is inevitable in a market, but it has now become a serious issue for Horizon as its competitors have begun â€Å"to offer complete product lines that compete directly with Horizon’s†. The firm should begin to analyze how well its brand is positioned among its competitors and figure out its new competitive priorities if need. 2) Q3. Why do you think the problems exist? There are two intrinsic problems.First problem is that the way in which Horizon holds a meeting is inefficient as different staffs join the discussion at different periods of time; communication across various departments is not effective. Second problem is that Horizon’s corporate manner does not allow every entity to openly discuss with proper manner; for example, when Roger commented about Production department supplying the market, Sally fou nd the comment as almost an insult. It is important that the corporate atmosphere is set right for discussions to take place openly and wholeheartedly.In addition to intrinsic problems, there are practical causes for the problems. Firstly, Horizon failed in managing its inventory. There are simply too many warehouses. The existence of many warehouses is the cause of the firm’s high inventory cost. Production that takes place in each and every single warehouse is rather small in quantity, and consequently, the cost to transport the products from many different warehouses is very high. It is to be noted that raw materials and ingredients are also transported over long distances.Delivery schedules vary for every warehouse, and so there are uncertainties that put Horizon at the risk of stock-outs. Secondly, the way in which Horizon has divided its management is very inefficient. As of now, marketing managers are in charge of product inventory whereas national sales manager is res ponsible for coordination of warehouses and arrangement of delivery. It is rather strange that inventory management is separated from coordination of warehouses and arrangement of delivery; in fact, all three aspects are so intimately inter-related that they should be managed by one entity within an organization.Moreover, increasing market competition, which is something that is inevitable, must be dealt with by constantly re-analyzing Horizon’s positioning and its competitive priorities in the industry. 2) Q4. What would you suggest the task force recommend in order to gain â€Å"control over this product movement process†? Before recommendations regarding control over product movement process can be made, one must notice that it has been quite a while since Horizon has been having this problem.The quote â€Å"Are we finally beginning to recognize that we have a distribution problem† shows how long it took for Horizon to finally realize, acknowledge, and gather together all the relevant authorities to discuss the issue. Corporate culture at Horizon must change in a way that would enable all entities within the organization to openly discuss any issues. Now, there are ways in which Horizon could gain more control over this product movement process. Firstly, Horizon could establish a new department – namely, Communications Management – that specifically takes care of interactions between Marketing and Production.The Communications Management would act as a bridge, allowing a free flow of information, people, and other entities (See Appendix for Diagram B – Horizon Foods Corporation’s Future State Map). The staffs in the department would develop a virtual contact system with each and every single authority relevant to personnel, purchasing, finance, marketing product line, and national sales manager; the staffs would just concentrate on effective communication within the firm.Furthermore, the new department could specialize in Materials Requirements Planning (MRP) to formulate detailed schedules for obtaining raw materials and manufacturing products. Secondly, Horizon could sign a contract with a logistics company that will exclusively work with Horizon. Currently, delivery schedules vary by carrier and are sometimes erratic because each public warehouse chooses its own distinct logistic company for delivery. Forming a contract to have a specific company to arrange all the necessary deliveries would reduce the number of stock-outs.

Birth Control And Abortion Should Not Be Used Widely

Birth Control and Abortion Should Not be Used Widely Submitted by: Yuhuan Yu Submitted to: Daniela Greco-Giancola Class: Act Writing Date: August 11, 2014 Word Count: 1281 The world population is 7.046 billion and there are 8.260 million new babies are born every year (Worldometers n.d.), because of this global over population problem, some countries’ government allowed birth control pill and medicine or artificial abortion can be used to control the population. Now, due to different reason women use birth control pill and abortion more wide than before to stop they get pregnancy. However, most women and governments do not realize the harms of birth control pill and abortion. About this issue, Chinese one child policy always is a contentious problem. In China, there are 400 million babies were not be born after Chinese government implemented one child policy since 1982 (Mosher. 2011). Based on one child policy, the increasing of population is slow down, however in last two decades year, a lot of women who had second child were tolled to take abortion forcibly or pay an extremely expensive cost. However, the harms of birth control pill and aborti on are more than this. Birth control pill and abortion should not be used widely are harmful to women’s health, lead to some social issues and they violate human tights. Birth control pill and abortion not only can affect women’s body health, but also affect women’s psychological health. Birth control pill and medicineShow MoreRelatedShould Abortion Be Legal?1347 Words   |  6 Pagesnot women should have the right to an abortion. This is a constitutional right that all women must have in order for everyone to have true equal rights. The two sides of this debate argue whether or not the fetus is â€Å"alive,† whether abortion is ever necessary, and whether or not the procedure has negative consequences. 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