Posts Tagged ‘ Civil Law

Civil Law

As stated by the criminal law, offenses against the social order become crimes. In the common law jurisdictions, there is a legal fiction that crimes spoil the peace of the sovereign. As agents of the sovereign, government officials are responsible for the prosecution of the criminals. Therefore, a criminal law –“plaintiff” is the sovereign, that in practical terms converts to the people or the monarch.

Main Objective of the Criminal law is punishment and deterrence, whereas the objective of the civil law is individual compensation. Criminal Offenses comprise two different elements; the requisite state of mind with which the act is performed (the mens rea, guilty mind) and physical act. Such as, in case of murder ‘actus reus is the illegal killing of an individual, whereas the ‘mens rea is hatred aforethought that means the intentional killing or produce dire injury. Also, the criminal law specifies the punishment that can be inflicted. Criminal does not need a victim or his consent to accuse an offender. Aslo, a criminal trial may occur over the victim’s objection and the victim’s consent is not a defense in majority of the crimes.

Criminal law in the majority of jurisdictions both in the civil and common law traditions has been divided into two fields.

1. criminal procedure controls the process for dealing with infringements of criminal law.

2. Substantive criminal law specifies the punishment for and definition of, several crimes.

Criminal law differentiates offenses from civil wrongs like breach or tort of contract. Criminal law has been considered as a system to control the behavior of persons and groups for societal norms at large while civil law is intended basically towards the relationship between individual persons and their rights and obligations under the law. Even though a number of very old legal systems didn’t clearly define a difference between civil and criminal law, in England there was a slight difference until the codification of the criminal law took place in the late 19th century. In the majority of the law schools in U.S., the basic course in criminal law is based on the English common criminal law 1750 with few inferior  American changes like the explanation of mens rea in the Model Penal Code.

Criminal law types :

Juvenile Law, Drug Crimes, Drunk Driving / DUI / DWI , Probation, Pardons, Parole, Violent Crimes, Military Law and  White Collar Crimes.

To study all these criminal law types you can refer the below suggested book :

“Bar Manual: Civil Litigation 2008/2009”

By  Stuart Sime, (Eitor)

With several questions about procedure appearing more repeatedly in the civil courts than points of substantive law, it is necessary that junior practitioners are having full working experience of the procedure employed through the course of a civil litigation claim. Civil litigation is intended for effective preparation the readers for practice by giving an outstanding overview of the main procedures and principles related to a civil case. By all aspects, the civil litigation process has been covered, from the use of pre-action protocols, starting proceedings and selecting an appropriate track, right through to costs, trials, enforcement and appeals.

Realistic example documentation and forms, like statement of case and witness statements are incorporated throughout making sure that reader is completely prepared for the type of documents and forms that they will be needed to prepare practice. Entirely referenced to Blackstone’s Civil Practice , this manual has been completely revised for including latest cases law and statutory  advancements in this vibrant area of the law.

The another book to refer is -

“We Shall Overcome: A History of Civil Rights and the Law”

By Tsesis  Alexander (Author)

In spite of America’s pledge to civil rights from the initial days of  nationhood, cases of injustices against minorities mark lots of pages of U.S. history. The fight for ethic, racial, and gender fairness remains incomplete. This complete book traces the legal efforts history to get civil rights for all of the Americans, starting with the years directing towards the Revolution and enduring to our own times. The historical escapade Alexander Tsesis narrates is filled with enthralling incidents, with actual modification and inadequate negotiation, and with brave people and organizations committed to end up injustice. Observing the development of civil rights through the lens of legal history, Tsesis believes law which has been restricted civil rights like Jim Crow prohibitions and regulations against intermarriage and law which has been expanded rights with anti segregation legislation and new legal developments in civil rights era. He have focused  special interest in the African American battle for civil rights however, talks on the  struggles of women, lesbians and gays, Latinos, Jews, Japanese Americans and Native Americans too. He makes decision by assessing the recent state of civil rights in the U.s. and exploring  probable potential expansions of civil rights.

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