Running Head: CRIMINAL AND CIVIL LAW 1
CRIMINAL AND CIVIL LAW 2
Criminal and civil law
Reflection on the most important concepts
Throughout my assigned readings for the week the concept of civil and criminal law was the most essential. First, through the reading, I understood why cases under criminal law are timely determined compared to cases under civil law which remain unsolved for a very long period. Criminal law deals with major cases that are very sensitive to the public concerning disputes between individuals and organizations such as presidential election irregularities.
Civil law, on the other hand, deals with minor cases that affect almost every individual in a society such as personal injuries, property disputes, child customary cases, divorce, and tenant/landlord disputes. Therefore, criminal law deals with major cases that need to be determined within a short period compared to cases under civil law.
The case above is a sign of an infringement of both civil and criminal law. Based on the situation in this case two types of crime are theft with violence and murder. First, robbery involves assault; assault is both the violation of both the criminal and common offense while robbery is a criminal case (Bently, Sherman, Gangjee & Johnson, 2018). The act of Franklin Felon to strike and harm two individuals was a deliberate action that is a violation of both the common and Penal Code. Therefore, Franklin Felon will be charged for both civil and criminal law.
These three common types of law include common, statutory, and constitutional law. First, constitutional laws are a set of regulations that determine the viability of the legislature and how they should function. Constitutional law assigns forces and distributes duties to responsible and accountable bodies. Additionally, the law ensures there are set policies that are legal enforced to enable people to enjoy freedom in their nation. For instance, in the United States under the administration constitution, the country provides extension and structure for the central government. Additionally, in the United States, the people’s freedom is protected under the Bill of Rights.
Statutory law outlined policies and regulations that govern lawmaking bodies, government, and the states. The law outlines the responsibility of elected authorities in making the law for any country. The determination of court cases is determined based on the regulation in the statutory law.
On the other hand, common law is also known as precedent-based law. Common law is applied in a case where there is no resolution in any other case law concerning a particular case (Farmer, 2016). The law is systematized and passed by a country’s assembly however the law is applicable in the judicial system during case determination.
The initial intention of Debbie to borrow a loan from First Big Bank was correct and Debbie was sure she was going to repay her loan from his steady income from his salary. The process of repaying the loans was disrupted by the fact Debbie lost her job which was the only generating activity. Failure to repay the loan did not violate any criminal law against an individual or an organization. The bank can recover its payment by reporting the case to the Fair Debt Collection Practices Act (FDCPA). The bank can also recover their payment by filing a lawsuit against Debbie which can result in a jail sentence or fine or both.
Fund embezzlement is a theft case in this situation because Eddie took money from Betty without permission and probably invested it in his personal projects (Nahak, 2020). Betty has violated both the civil and criminal law since taking the money is considered a theft case. Whether the case will be charged as a violation of civil or criminal depends on whether Betty will file the case to the civil court or under criminal court.
Bently, L., Sherman, B., Gangjee, D., & Johnson, P. (2018). 49. Civil and criminal remedies. Intellectual Property Law. https://doi.org/10.1093/he/9780198769958.003.0049
Farmer, L. (2016). The institution of criminal law. Making the Modern Criminal Law, 13-36. https://doi.org/10.1093/acprof:oso/9780199568642.003.0002
Nahak, S. (2020). The liability of criminal law towards a notary official in the crime of embezzlement at the Denpasar district court. NOTARIAL Jurnal Kenotariatan, 5(2), 107-117. https://doi.org/10.22225/jn.v5i2.2572