Civil Procedure In Two Legal Systems - Free Essay Example

Sample details Pages: 5 Words: 1585 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Compare and contrast essay Did you like this example? As far as I know, human right starts from his birth, and it never loses until his or her death. However majority people understand law differently but minority think that law is not as important as much during our lifelong. If we look to its history, law is used from ancient times and it has developed year by year. There are as many legal systems as countries in the world. However, There are some differences and similarity between Criminal and Civil law. 1.1 About Law There are many ideas and theories about law. Law is set of rules which are established by government to maintain stability and justice in society (Brown and Sukys, 2006). Law has relationship with ethics. According to Brown and Sukys (2006), ethics is determining what societys values ought to be. If ethical rules always reached the same ethical result, and if everyone always acted by those results, there would be no need for law (Brown and Sukys, 2006). Law was established in ancient times and developed year by year. Law was developed in Babylonia, Mesopotamia, ancient Greece and Roman Empire, etc (aboutlawschools.org, 2010). Many people contribute for development of law. Greek philosopher Aristotle says that Law is order, and good law is good order. Don’t waste time! Our writers will create an original "Civil Procedure In Two Legal Systems" essay for you Create order 2. Main part 2.1 General concept of currently existing systems in the world Generally, most differentiated legal families are Civil law system, Common law system and Islamic law (religious) law systems. Each of these systems has their own peculiarity. The Civil law or continental law is major system of law in the world. Usually, it is written codes, all rules and regulations are written in advance (New World Encyclopedia, 2010). Furthermore, a civil law system has most Eurasia countries comprising Central Asia, China, Korea, Uzbekistan and Latin America. However, each country has different codes. Connecting to this, judge makes decision bases on written codes. The most essential examples of codes are the Napoleon code, Swiss Code and German code. The history of civil legal system is started from Roman Empire in 449 BC and it developed of Corpus Juris Civilis  [1]  . This law was created by the decision of Emperor Justinian (527-565). In those times Roman Empire was one of the potent large groups of states or countries statute over by single emperor with several senates. The study of Roman law was conducted in North Italy at Bologna (Encyclopedia.com, 2008). Scholars and judges trained Roman law, these developed rules by them used in national courts to solve legal disputes  [2]  . Coming 11th century the Common law was developed in England and it is widespread other countries which can speak in English such as USA (except Louisiana), Australia, Canada (except Quebec) and others. Common law system is based on cases rather than written principles and decisions made by judges not by parliament or another organization(Britannica Encyclopedia, 2010).According to Britannica Encyclopedia (2010), common laws precedents is know as stare decisis (Latin: let the decision stand). Each people have their interests, feelings and ideas about Common law. For instance, Frederic Mishkin claim that The common law system in which the law is continually reinterpreted by judges ends up protecting property rights far more than others and makes it easier to enforce restrictive covenants. It means that in common law most decision made by judges. The youngest legal system is Islamic law, differently known as Sharia. Islamic law covers ritual and all aspects of life (Encyclopedia.com, 2008). Sharia is in an Arabic word which means the way. However it is a legal system which control Muslim life in every part of earth including business and finance, political and social issues on the earth .According to Muslim view that, these laws are an expression of Gods will. Sharia is mostly based on two major sources like Koran, which is the saintly book of Islam, contained of the words of Allah; and the Sunnah the set of deeds and words of Prophet Muhammad (peace be upon him). Secondary source of Sharia is consensus of opinions and interpretations of religious scholars (gulf-law.com, 2010). In comparison, in Islamic law judges do not refer to previous cases as in common legal system. 2.2 Criminal procedure in Continental and Common Law Legal Systems Before knowing criminal procedure we should know what is crime and what does it involve? Crime is an act against publics well being (Brown and Sukys, 2006). I would like to refer Mr. Owens view (2001) who believes that the crime is a legal wrong doing of one or more persons in which he or she liable to be prosecuted and punished by state. According to Brown and Sukys (2006), government or state represents public interest. There are several people involve in criminal trial procedure: judge, plaintiff, public prosecutor, defendant. Each of these words has their definition: Judge- is a person who has right to come to decision legal cases. However plaintiff is the person who makes a formal complaint against somebody in court. Prosecutor is the person who brings case to the court (Owens, 2001). Connecting to this, defendant is prosecuted and if he found guilty or not guilty  [3]  . According to Brown and Sukys (2006) The prosecutor is the government attorney who presents the case in court against the person accused, called the defendant. Criminal procedure involves a set of rules through which a government enforces criminal laws  [4]  . Common law and civil legal systems vary considerable in criminal procedure  [5]  . As I mentioned above that civil legal system, is written codes by legal scholars and judges. Judges make decision in criminal procedures according to written rules. The criminal procedure involves government and individuals. Generally, the judge in a civil legal system participate a more actively in determining the facts of the case (experiencefestival.com, 2010). Many civil legal system countries examine main crimes using a so-called inquisitorial system (experiencefestival.com, 2010). In addition, civil law depends much more on written argument than oral argument (experiencefestival.com, 2010). As I wrote earlier common law mainly is based on judge made and previous cases. Criminal procedure in common law also relies on decision m ade by judge. According to Carnes (2010), in common law prosecutor obliged to seek justice more than advocate the defendants interest  [6]  . In addition, Carnes (2010) said that in trials judges are comparatively passive and the act like referee while prosecution and the defense initiate almost all action  [7]  . If defendant is convicted, the judge will determine the sentence and if defendant behaves well or mitigating circumstances that may lead to lighter sentence  [8]  . 2.3 Civil procedure in Continental and Common Law Legal Systems In general, civil procedure is concerned with private relations between members of community (Martin, 2003). For example, when people have arguments about inheritance, they go to civil court. Usually, in civil cases wronged party compensate loss or injury with money or specific action to suffered party (Brown and Sukys, 2006). However, this kind of punishment does not help to protect society  [9]  . Civil procedure treated differently in common law and continental legal systems. As we know that civil law usually written codes and all rules are written in it, however civil procedure deals with relationship between people. On the other hand, in continental European countries, the usual ground for jurisdiction is the habitual residence of the defendant in the particular state (Shaw, 2003). The civil procedure in common law developed since the sixteenth century and it still developing. Mainly, the issues are discussed within the court. In other world, it has released into wri tten codes of procedure. As Shaw (2003) states that in the common law countries like USA and Great Britain, the civil cases remain service of writ upon the defendant within country and it is usual basis for jurisdiction. According to Uff (2004), civil courts have an inherent jurisdiction to regulate their own procedure in ways which is not covered by statutory rules and it was acknowledged in common law legal system. As stated by Uff (2004), now trial in the most common law systems, one judge decides all issues of law and fact and delivers conclusion of the trial. 2.4 Difference of Criminal and Civil procedure in two legal systems It is generally agreed today that the Criminal and Civil procedure are different case of law. If we talk about Civil procedural law is generally to be found in rules of court made. According to Shaw (2003), civil procedure has been claimed far wider grounds by the state than has been in criminal cases. Also, Shaw (2003) claims This is partly due to the fact that public opinion is far more easily roused where a person is tried abroad for criminal offences than if a person is involved in a civil case. The primary difference between Criminal and Civil procedure is the steps which involve in process. The criminal case starts between the government and defendant, while civil procedure begins between two equal parties. The other difference is way of penalizing the accused person in the procedures. The criminal case may end up with punishment such as time in prison, probation or fine (amount of money). But civil procedure defends human rights and applies compensation for the case  [10]  . 3. Conclusion All of this point to the conclusion that law has a very wide meaning. It is used in every aspect of our lives. In the modern society, each individual should know about his rights. At the same time, law also requires the specific rules for each kind of behavior and expands to the procedures and the different types of law. In addition, as I mentioned above there are three main legal systems like Common legal system, civil legal system and Islamic (religious) legal systems as the evidence of wide meaning of law.

Sociology A Sociological Perspective - 896 Words

According to the University of North Carolina, â€Å"Sociology is the study of human social relationships and institutions† (http://sociology.unc.edu/undergraduate-program/sociology-major/what-is-sociology/). Sociology is science practiced by everyone in the world, whether they realize it or not. It is not only an incredibly important social science but also a beautiful art to study how society works. Now, an educated sociologist will realize that there are different perspective to view the world through from a sociological perspective. There are three specific views: Structural Functionalist, Conflict Theory, and Symbolic Interactionism. Each has valid points of view, and not completely exclusive to the other, but in this case one is more correct and valid than the others. Conflict theory is the most credible theory in psychology because it factors in the problems of power and broken systems. Sociology is a social science that studies social interactions and changes that happ en in them. With this knowledge it is important that sociology can be viewed in three separate ways that are completely different. The first theory is Structural Functionalism, which views society as a whole in which a person might view a person as a fully functioning machine (Larkin, Chap 2. Par. 5). This view sees society as many parts called structures (Larkin, Chap 2. Par. 5). A second way to view society is the Conflict perspective, which sees society as branches and families that are in constantShow MoreRelatedSociology : A Sociological Perspective1292 Words   |  6 PagesOrigins of Sociology Ashley Drees Ivy Tech Community College Professor Brosmer April 10,2016 What is Sociology Sociology  is the  study of  social behavior or society, including its origins, development, organization, networks, and institutions. 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The Empire State Building Free Essays

Empire State Building The Empire State Building Outline THESIS STATEMENT: The Empire State Building did not cause much trouble for New York; instead, its construction had many positive effects. Reasons for the Building I. Raskob wanted to make money by renting offices to tenants. We will write a custom essay sample on The Empire State Building or any similar topic only for you Order Now A. He wanted to construct a building that offered him the largest number of offices at the lowest price. B. He didn’t care for innovation and style , but he wanted a building that sticks with his budget. II. In addition, constructing the Empire State Building was a part of an intense rivalry to win the â€Å"World’s Tallest building† title. A. This dream appealed to John Raskob. B. He made sure that his design’s height would exceed the competing buildings. Constructing the Empire State Building I. To design the building, Raskob hired William F. Lamb. Lamb knew that it was a special chance to create something historical, so, although the mission was almost impossible, he decided to accept the project. A. He was able to finish the first design in four weeks B. His design fascinated John Raskob. II. Lamb found many problems with designing such a huge building. A. Designing an elevator was a trouble for William lamb B. Maintaining a fire system capable of reaching the higher floors was a challenge. C. Storing Materials was impossible. III. Just when everything seemed on track, Raskob and his partners received a striking new. A. Chrysler changed his plans in an attempt to beat Raskob B. Raskob decided to add a mooring mast to the building. C. He bet Chrysler plans by his idea Effects of the building I. In 1931, the Empire State Building became the highest building in the world. A. It raised the Americans’ spirits. B. It was opened during the Great Depression. II. Soon after the building’s completion, it became a major tourist attraction site. A. It attracted famous visitors like Albert Einstein. B. It has attracted over 117 million visitors. III. At least 32 people committed suicide by jumping of the building. A. Unidentified man jumps of the building’s roof B. Evelyn McHale jumped from the 86th floor after she left her fiance. Conclusion The Empire State building is no longer the tallest building in the world; however, it remains an important historical figure. The Empire State Building still attracts millions of tourists yearly, and it remains a sign for America’s powers since it is was an innovation in the world of construction. Towers and skyscrapers have become an icon for development; countries now compete to build towers to attract visitors and activate tourism. Some towers are built for telecommunications and broadcasting; however, towers and skyscrapers remain an evidence for the country’s wealth and well-being. Recently, a new trend is prevailing: countries and businesspersons are competing to build the tallest building in the world. Many attempts for achieving this goal succeeded for a while, but nothing is permanent; newer and taller buildings are always built! John R. Raskob financed the Empire State building’s construction to enter the intense competition of constructing the highest building in New York (Construction: Building The Impossible 117). The Empire State Building didn’t cause much trouble for New York; instead its building had many positive effects. Reasons for the Building Raskob wanted to make money by renting offices to tenants, and he wanted a tall skyscraper that would offer him the largest number of offices for the lowest amount of money. He did not want a stylish or innovative building; he just wanted profit, but he wanted a building that sticks to his budget and deadline (117). In addition, constructing the Empire State Building was a part of an intense rivalry to win the â€Å"World’s Tallest building† title. This dream appealed to John Raskob, but this meant that he his building had to exceed 295 meters. He had to compete with Chrysler building and the bank of Manhattan (118). Raskob’s building had to be roughly 305 meters high, and this height had to fit on the 122 by 61-meters area he had purchased on fifth avenue. Constructing the Empire State Building To design the building, Raskob hired William F. Lamb. Lamb knew that it was a special chance to create something historical, so, although the mission was almost impossible, he decided to accept the project. After fifteen trials, Lamb was able to reach a design that met the city’s zoning restrictions and Raskob’s requirements. The basic design was finished in four weeks; the project turned out to be more fascinating in appearance that Raskob has thought (119). Lamb found many problems with designing such a huge building. He faced the challenge of installing a safe elevator that is capable of transporting people such great distances. He split the elevator systems into sections. â€Å"The section serving the lower levels ended at mid-level where the building had to be set back; the upper elevators were placed in the central core (120). † How would water reach the upper stores in case of fire? Lamb designed a unique fire-safety system using giant steel water tanks at different levels. He included 400 hose connection and an alarm connected to the city’s fire station. Also, he ordered that bricks and limestone, fireproof materials, should be used in construction (120). Since construction was happening in one of the busiest cities in the world, the huge amount of materials-for example, tons of marbles from France and Italy, 6500 windows, and 10 million bricks- could not be stored; everything had to be used directly after its delivery. William Lamb completed the detailed project in six month, and the R. H. Shreve arranged the actual construction. (120-121). Just when everything seemed on track, Raskob and his partners received a striking new. Walter Chrysler, the owner of the Chrysler building, revealed his true plans that he was hiding; he was determined to have the world’s tallest building. He added a dome to his building that raised its height to 319 meter, just a few meters higher that Lamb’s design. Raskob could not afford to redesign his building to beat Chrysler, but Raskob found a solution. A hat! † he cried. â€Å"That’s what this building needs-a hat†. At Raskob suggestion, Lamb added a 61-meter top called a mooring mast. It allowed blimps to dock and discharge their passengers. It was not practical and was used only once; however, it gave the Empire State building the title of the world’s tallest building (120-122). The labors completed the steel frame in sixth mo nth, and one year after laying the first piece of steel the construction was completed with a height of 443. 2 meters, easily within the dead line (125). Effects of the Building In 1931, the Empire State Building became the highest building in the world. The building opened in the midst of the Great Depression; it lifted the spirits of many Americans in one of the nation’s hardest times. Celebrating what they named the eighth wonder of the world, people were psychologically lifted by the building’s construction (The Empire State Building: Skyscraper Symbol of America’s Power). Soon after the building’s completion, it became a major tourist attraction site. It attracted many famous people from all over the world including Albert Einstein, the French prime minister, and Queen Elizabeth. The building became an international icon, and it has attracted over 117 million visitors (Empire State Building-Facts). At least 32 people committed suicide by jumping of the building (Empire State building-Facts). For example, An unidentified man got past a guard on the staircase leading from the 102d-floor observatory of the Empire State Building to the top floor yesterday, and leaped to his death (Leaps To His Death Off Empire Tower). Another woman, Evelyn McHale, jumped of the 86 floor of the Empire State building after leaving her fiance. She left a note saying â€Å"he is much better without me†¦. I wouldn’t make a good wife for anybody† and jumped to her death (Life 42). Conclusion The Empire State building is no longer the tallest building in the world; however, it remains an important historical figure. Today Burj Khalifa, found in UAE, is the tallest building in the world (828 meters) (Empire State Building), but as the competition continues who knows where the next tallest building is going to be? The Empire State Building still attracts millions of tourists yearly, and it remains a sign for America’s powers since it is was an innovation in the world of construction. Works Cited Book: Nathan Aaseng. Construction:Building The Impossible. The oliver press. Mineapolis. 2000. http://books. google. com. sa/books? id=nVd8CCmafP0C;printsec=frontcover;hl=ar;source=gbs_ge_summary_r;cad=0#v=onepage;q;f=true Magazine : No author mentioned. Picture of The Week. Life. 12 May 1947. 152 pages http://books. google. com. sa/books? id=ZEgEAAAAMBAJ;source=gbs_navlinks_s Internet: Thomson Gale. The Empire State Building: Skyscraper Symbol of America’s Power. BookRags. Copyright @2005-2006. Science and its times. Visited April 9, 2012. http://www. bookrags. com/research/the-empire-state-building-skyscrape-scit-06123456/#bro_copy No author. Empire State Building. Emporis. Copyright @2000-2012. visited April 9, 2012. http://www. emporis. com/building/empirestatebuilding-newyorkcity-ny-usa No author. LEAPS TO HIS DEATH OFF EMPIRE TOWER. The New York Times. November 4, 1932. Retrieved October 4, 2011. Visited April 10, 2012. http://select. nytimes. com/gst/abstract. html? res=FB0610FF355516738DDDAD0894D9415B828FF1D3 How to cite The Empire State Building, Papers