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Classification Of Law! Essay

1766 words - 7 pages

According to the Oxford Compact English Dictionary, law is, "a rule or system of rules recognized by a country or community as regulating the actions of its members and enforced by the imposition of penalties". Law can be classified in two ways, firstly, civil law and criminal law; and secondly by the legal sources of law. There are several sources of law including The Constitution, Case Law, Legislation and Customs. This paper will discuss and outline the various classifications of law.Criminal law is an offence that is regarded as being against society. This indicates that a person commits a crime that is against morality or social order such as murder of manslaughter. According to Helen J. Bond and Peter Kay, authors of Business Law, criminal cases are cases that are called prosecutions and they are initiated in the name of the State and on behalf of the nation to protect individuals. However, in the Bahamas, a criminal case is initiated in the name of the Attorney General, the Queen or the Commissioner of Police. In addition, prosecution is successful if the accused is found guilty and is liable for punishment which maybe a community sentence, fine or imprisonment. However, if the prosecution is unsuccessful then the accused is acquitted. An example of a criminal case would be the case of John Higgs versus the Attorney General. In this case a crime was committed against society because Higgs had killed his wife with the intentions of trying to keep the murder undercover. This case is classified under criminal law because the case occurred in the name of the Attorney General of the Bahamas and tried in the Supreme Court. Because there is no distinction made between where criminal and civil cases are heard in The Bahamas as compared to England and elsewhere, court hearings take place in one of the many courts in the Bahamas depending on the crime committed, such as the Juvenile Court or the Drug Court. When referring to criminal law, a criminal case is prosecuted by the prosecutor, who must then be able to prove beyond reasonable doubt that the accused it guilty or not guilty. For this to take place there must be sufficient and concrete evidence provided by the prosecutor that will give logical reasoning for the accused guilt. The prosecutor must also be able to make the jury feel that the party accused is guilty and deserving of the verdict that is given at the end a trial. As in the Higgs case, he was later found guilty of the charges made against him and was therefore sentenced to serve a number of years in prison for crimes that he committed. He is presently deceased.Another type of law is known as civil law. Civil law is basically law of a state outlining the rights of private citizens and is also known as "roman law". Likewise, it is the wrong or dispute that is launched against an individual or it is between individuals. In contrast to a criminal case, a civil case is one that is brought against the courts by private individuals called...

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