The Malaysian legal system be comprised of the two different kinds of case, that are criminal law and civil law. For the crimes is generally offenses against the state. On the other hand, civil laws are typically disputes between individuals regarding the legal duties and responsibilities. Civil law Civil law is a rules that determine and preserve the private rights of the citizens. It also offer legal remedies that may seek in controversy, and covers the areas of the law.
In this case, the Court held that the corporate entity is different from the people who are in the business of running of the company. The breach of this principle results to “Lifting of the Corporate Veil” where the shareholders or creditors of the company are protected if the company is engaged in any fraud or other criminal activities. At the same time, this theory possesses several relationships with criminal and tortious liability of companies. This paper will demonstrate the critical evaluation of this areas of law in the context of appropriate cases and other relevant various sources. Alter Ego identification theory:
Differential Association Edwin Sutherland Theory proports that through interaction with others individuals learn values, attitudes, techniques, motives for criminal behaviour. Two different cultures exist, with one being criminal and the other conventional. Normal learning occurs through verbal and non verbal communication that helps to establish whether attitudes of individuals is favorable to law violation through normal learning processes by individuals who are disposed towards breaking the law. They develop motivation for engaging in criminal activity and attitudes that drives them to deviate. Different cycles of criminality can also influence their lives where criminal behavior occurs with intimate interactions through socialization.
INTRODUCTION In common sense the Law of Torts is that branch of law which aims at regulating the manner in which people behave in civil society. The law of tort covers a wide range of situations, including such diverse claims as those of a passenger injured in a road accident, a patient injured by a negligent doctor, a pop star libeled by a newspaper, a citizen wrongfully arrested by the police, and a landowner whose land has been trespassed on. As a result, it is difficult to pin down a definition of a tort; but, in broad terms, a tort occurs where there is breach of a general duty fixed by civil law. When a tort is committed, the law allows the victim to claim money, known as damages, to compensate for the commission of the tort. This is
In the discussion of moral objectivism and moral relativism, it is important to understand the difference, and the impact that a moral system has on the criminal justice community. The community exists to enforce the laws. Moral judgments are made with votes, and the decisions on how laws are crafted are made by elected officials. For this reason, it makes sense for the criminal justice community to separate themselves professionally from their own moral views. Moral Relativism is the view of morality, much like beauty, is relative to the person, culture, or organization.
Law is a system of rules, manner or procedures recognised by practice, agreement, or authority. These rules run the activities of a community and control the actions of those within it. I am going to discuss the distinctions between criminal law and civil law under the following five headings: • Classifications • Parties Involved • Objectives • Tests • Commencement of Proceedings Classifications: criminal law is public law which runs the legal relationship between the citizen and the State, used in cases like murder or manslaughter, e.g. in the DPP v Murphy case a man was convicted of murder and sentenced to life imprisonment by the State. Civil law is private law that typically disputes between individuals regarding the legal duties and responsibilities they owe one another, used in cases like personal injury or injunctions, e.g.
Unit 1-1: Why We Need Laws (Konstantin Degtyarev) Law are rules for everyone to follow, laws are intended to establish freedoms, responsibilities, democratic principles and respect towards others and the public equipment. A public law is between an individual or a group of individuals and the society; whereas private law is between an individual/s and other individual/s. A public law helps establish rules between people and their community, whilst private law establishes rules between people, hence the name private. An example of a public law are laws against murder. Killing someone is a criminal offence, which is under the public law category, since someone within a society dies, and it could potentially post danger to other members of that society, like in a case of serial killers.
The criminal justice system is agencies set in place by the government to control crime and give punishment to those that violate the law. The criminal justice system is comprised of three major institutions which are law enforcement, the court system and corrections. Law enforcement are the ones who enforce the law and then remind arrestees of these rights. The fourth amendment which is prohibition against unreasonable searches and seizures of one before he/she is questioned. You have several parts of the criminal justice system like law enforcement, prosecution, defense attorneys, you have the court system there are restrictions on a case being prosecuted including the right to confront ones accusers.
Scholars such Cesare Lombroso attribute crime to biological anomalies while scholars like Edwin Sutherland claim that criminal behavior is learned. Generally all these come, to the same conclusions that crime is an offence punishable by law. There are two main types of crime, these include violent crimes and property crime. Violent crime constitutes when someone decides to harm, threaten and conspire against someone else while property crime constitute someone who damages, destroys or steals someone 's property. Both violent and property crimes are offences which involve force and damage to society.
To put it simply, crime is constructed by the use of social laws and the decisions of those with power to make some of these social laws and the decisions of those with power to make some of these social laws into criminal laws. Crime can be seen as a social construction as what is legal or illegal in one society or culture may not be in another, the same can be said of deviance. Crime is repeatedly viewed as a ‘physical fact’ by the government or media. However it can be argued that when one thinks of acts which are criminal in one place yet are not in another that crime is a social construction. To refer back to the point of these with power deciphering which acts are criminal, it can also be argued that those with power (e.g.