This allows businesses to assess their risks, determine their liability, and make rational business decisions without the expense of litigation.
Through examining precedences
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The Constitution serves three important functions.
- Establishes structure of national government and identifies powers of legislative, executive, and judicial branches
- Defines boundaries of each branch's authority and creates "checks" on each branch by the other branches.
- Guarantee civil liberties and individual rights.
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Who files case?
The government files criminal cases.
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Purpose
Purpose of civil law is to provide compensation or private relief. Purpose of criminal law is to protect society.
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beyond a reasonable doubt
Must have evidence to confirm defendant's guilt
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The code is used to resolve only cases brought to the courts, which are usually decided by judges without a jury.
Courts in civil law systems usually decide cases with a judge and no jury.
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Hybrid Law
Characteristic of hybrid law: * Combination of 2 or more legal systems in a nation
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Customary Law
Characteristics of customary law: * Legal system used by a monarchy or tribe * Specific legal powers to kings, queens, tribal leaders, etc. as heads of state * Leaders often seen to be "above the law"
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Religious Law
Characteristics of religious law: * Religious documents are used as legal sources. * All major world religious have a religious legal system. * Most nations with religious legal systems use them to support a secular legal system.
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Civil Law
Characteristics of civil law: * All legal rules are in comprehensive legislative enactments often called Codes. * Written judicial decisions of appellate courts are not binding legal authority. * The legal system is inquisatorial (questioning the facts of the litigant's case). - Litigant - one who is engaged in a lawsuit
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