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
There are two major legal traditions – the Common law and Civil law traditions. Each tradition has different source, concept, rule and development history. The adoptions of legal traditions in certain countries are largely affected by their historical background as well. John Henry Merryman (as cited in O’Connor, 2012, p.8) defined “legal tradition” as “a set deep rooted, historically conditioned attitudes about the nature of law, about the role of law in the society…. about the proper organization
legal system is better: civil law or common law. Each legal system may have some advantages and deficiencies which will discuss. If a foreign legal system has some advantages, why not merge them in the national legal system? In that way the resulting combining of the two legal systems can only improve their common goal of designing a fair and just legal system which can provide legal certainty and protection to all citizens and legal persons. The civil law and common law systems are the results
Common Law and Civil Law Law is an essential element for any civilization. Laws in general are the rules set and enforced by an authority that we must follow. The main purpose of these rules is to solve a specific problem or conflict between two parties or more. Furthermore, laws were there long time ago and still exist until this day to help solve various cases and scenarios we see and hear about in our daily life. Law can be categorized into two general categories; which are common law and civil
Antigone and Creon stand in opposition to each other. One man, Polyneices, the brother of Antigone and the nephew of Creon, has been declared a traitor of Thebes. Antigone would rather die than leave her brother unburied, but King Creon believes that civil law is absolute. However, it is only Antigone who is able to truly defend her ethics. Antigone believes that her brother, Polyneices deserves to be buried. Antigone stated that, “Creon buried our brother Eteocles with military honors . . . but Polyneices
Criminal law is a system of laws concerned with the punishment of those who commit crimes. It is protecting the overall public safety and potentially puts away people who commit serious wrongdoings. As civil law is the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs. Civil law Generally comes into play when an individual or multiple persons are injured in the incident which is usually followed up into a lawsuit or
Civil disobedience has always been a positive impact on a free society. It is a necessary freedom. We have seen in the past that it has made nothing but great changes. It has given me, and millions of other people countless opportunities. All of the people who have practiced civil disobedience have made revolutionary changes to our government. Without civil disobedience, the United States would not be the great nation that it is today. Martin Luther King, and Rosa Parks were protesters during the
Civil Disobedience Can breaking the law ever be justified? Yes, as long as it is for a cause. Civil disobedience is the disobeying of a law to improve a moral principal. We have the right to protest and speak out when there is an unjust law. This is our right of freedom of speech and expression. The expression ‘civil disobedience’ was created from Henry David Thoreau. He used this term to refer to his choice to escape paying a state tax that would supply a war in Mexico. It would also carry out
Civil disobedience is the deliberate action against an unjust law to invoke a positive change in government and society. Civilians have the right to refute these types of unjust laws to eliminate inequality and government’s unjust nature by following conscience before laws for moral guidance. As demonstrated in Antigone, this is depicted by the daughter of Oedipus, who disobeys Creon’s law for the greater good because of the laws unjust nature. In Civil Disobedience by Henry David Thoreau, a naturalist
1. Describe in detail the differences between civil law and criminal law. • A civil case involves a dispute between two people, or parties, on a certain issue. One party sues the other, and the jury determines liability and the amount of damages. The court may order the party found at fault to pay money to the injured party or to fulfill an obligation, such as honoring a contract. • Criminal law considers a crime an act against society rather than an individual. Therefore, the government brings
Martin Luther King Jr. once said, “One has a moral responsibility to disobey unjust laws.” If Martin Luther King Jr. and countless others had not protested during the Civil Right movement there would still be segregation and inequality. Without a doubt, there are times when it is justifiable to break a law in a democratic society. If rights are being denied, if the majority feel it is an unjust law, or even if the minorities (being that they are experts on the subject) feel it is wrong as well. Despite
The differences between criminal and civil case The main differences between criminal and civil law is who the parties that bought the case and what the case is about. Criminal case is when some individual commits a law and control crimes whereas civil law controls arguments between private party. Civil law e.g. When an individual is suing another individual for money owed Criminal e.g. When an individual breaks a law Case one- murder of Kiesha Abrahams Type of case-criminal Type of court-district
In Civil Disobedience, Henry David Thoreau questions what men should do when unjust laws exist. He asks, "Shall we be content to obey them, or shall we endeavor to amend them, and obey them until we have succeeded or shall we transgress them at once?" Thoreau says that most people wait until the majority have been persuaded to alter the unjust laws. Socrates would agree that most people do wait until the majority believes that the law is unjust. In the short account that Socrates shares when the
Common Law system Vs. Civil Law system The civil law system and the common law system are indeed two diverse legal systems. Most countries nowadays go with one of the two main legal structures: common law or civil law . Before starting the comparison of those two major legal system, we need to know what is law and why is it important to us. Law has many diverse definitions, but they are all based on the same perception which is the comprehension of enforceable guidelines that guides the relationship
Nearly 100 years after the Emancipation Proclamation, African Americans still suffered inequality in America. During the 1950s and throughout the 1960s African Americans started a movement for equal rights, known as the Civil Rights Movement. During this time many extraordinary people and events helped African Americans gain rights and equality in American society. On a cold December day in 1955 Rosa Parks boarded a city bus and sat down in the 5th row. After the seats began to fill up the driver
Civil Rights Movement Many people think they know all about the Civil Rights Movement, but most don’t know how much it truly influenced America. Most Americans know the basic facts of the Civil Rights Movement, how African Americans fought for their rights to be equal citizens, but the movement meant so much more for America. It helped white Americans examine the way the county was really treating others of different races and how America wasn’t following its own rule of "all men are created equal"
US. History Essay Before the Civil War, Black people were treated as Slaves to serve and live with their masters. Slaves were under the Alabama Laws Governing Slaves or Slave Code established in 1833. After the bloody Civil War, buildings in the Southern United States were severely damaged by the Civil War action. This period is called the Reconstruction Era. The government tried to renovate the South and make it great again. The South lost the Civil War and they had to abolish all slaves to be
on by the Jim Crow laws. One of the most crucial reasons for the civil rights movement was because of the Jim Crow laws. Between 1877 and the mid-1960s, a series of segregation laws were used throughout the south in order to keep blacks away from whites. Although the Jim Crow laws claimed to keep the races separate but equal, the laws focused on keeping blacks powerless and without rights. This oppression eventually led to the civil rights movement. The name of the Jim Crow laws was derived from
The Jim crow laws where a series laws from 1877 to the 1950s that enforced racial segregation across the United States of America. They started at the end of reconstructionism and ended at the beginning of the civil rights movement. The effect of the Jim Crow Laws had a very negative effect on the black community in those times. The author Nick Treanor wrote a book on the topic titled “The Civil Rights Movement” written in 2003 which had a short section dedicated to the topic. The book gives
How MLK, jr., Plessy v Ferguson, and Jim Crow laws affected the civil rights movement. Segregation affected all my topics by being a part of them. This shows how big of an impact segregation was at the time. It's all a war for the freedom and rights for black people. Also for the blacks to gain all the power that they had before everything about blacks after discrimination against them even started. Martin Luther King, Jr., the man who led the civil right movement and impacted in major changes in