How business law plays out in government?
Business law deals with all aspects of purchasing and selling agreements. It clearly explains the duties, rights, legal obligations and liabilities of the parties involved in a purchase, contract of sales, and other types of agreement related to commercial or business activity.
It also contains intellectual property law (trademarks, patents, copyrights, etc.) as well as consumer protection law. Business law applies to people who are planning to open their own business. It also deals with finance law, banking law as well as other critical civil laws.
What are the functions of the laws?
- Meant to keep the peace
- Meant to impose rules to maintain order
- Makes planning easier to accomplish
- Law promotes justice
Substantive Law Vs Procedural Law
- Defines the rights and obligations (duties) of persons and property.
- Duties are a request to do something or not
- Rights include all of the amendments in the Bill of Rights which give you fundamental rights.
- creates, defines, and regulates rights
- Example: Law of torts
- The procedural law sets out the rules and procedures to be followed in the implementation of substantive law
- Example: Laws that dictate how a trial will advance; whether it will go to a jury trial or Judge.
Criminal Law and Civil Law
Criminal law is the body of law which deals with crime and legal punishment for criminal offences. Its purpose is to keep the stability of the society and state through punishing the offenders. In the system of criminal justice, the jury needs to agree unanimously before a defendant is convicted. In criminal law, the case then is filed by the government.
The decision of the jury in criminal law is: Defendant is imprisoned if guilty and acquitted if not guilty. The merit of proof is “Beyond a reasonable doubt.” The burden of proof is “Innocent until proven guilty” prosecution needs to prove that the defendant is guilty.
The punishment is that the guilty defendant will be subject to Custodial (imprisonment) or Non-custodial punishment (community service or fines). However, the death penalty is applicable for exceptional cases. Some examples under the criminal law include assault, theft, trafficking in controlled substances, robbery, murder, etc.
The defendant can appeal a court’s verdict. The prosecution doesn’t have the right to appeal. The commencement of proceedings in criminal law is through pleadings, Prosecutor, Representatives of the state and Attorney General.
Civil law deals with a dispute between organizations, individuals or between the two, wherein compensation is given to the victim. The purpose of the civil law is to handle disputes between organizations, individuals or between the two, wherein the victim receives a reward of compensation.
In civil law, the opinion of the jury may not be unanimous. Laws can differ by country and state. Juries must be present in criminal cases and virtually not involved in civil actions. The judges make sure that the law prevails over passion. The lawsuit is filed by private property. In civil law, the decision is that the defendant can be found liable or not liable, the judge decides about it.
The standard of proof is “Preponderance of evidence.” The claimant needs to have evidence beyond the balance of probabilities. Meanwhile, the burden of proof is that the claimant needs to offer proof. However, the burden can change to the defendant in situations of Res Ipsa Loquitur (The thing speaks for itself.)
The punishment is compensation which is usually financial for damages or injuries or an injunction in nuisance. Some examples under civil law include divorce proceedings, tenant/ landlord disputes, child custody proceedings, personal injury; property disputes, etc. Here, parties, defendant or claimant can appeal to the court’s decision. The commencement of proceedings involves State/ People/Prosecution by indictment or summons.
The Legal Profession
The legal profession is a vocation that is based on law expertise and its applications. The basic requirement for a legal career is to hold a law degree and other forms of legal education.
The Adversary System
The adversary system or the adversarial system is the legal system followed in the US. Each party has legal counsel and can present their arguments. Furthermore, both parties can also gather and submit evidence, question and call witnesses and control the details presented based on the law and legal procedure. The parties are commonly represented by attorneys who actively present the party’s case.
The adversary system is a mode of resolution to dispute wherein the competing claims of parties are presented through legal representatives who are interested in the outcome of the dispute.
Confidentiality: Attorney-Client Priv.
In the Duty of Confidentiality, the lawyer must not reveal date related to the representation of the client, unless the client provides consent. The duty of confidentiality can forbid the revelation of information, but can also prescribe the lawyer’s use of the confidential information of the client.
Meanwhile, the Attorney-Client Privilege is the evidentiary principle which confidential communications of attorney, their representatives and clients are made for obtaining legal advice. The lawyer’s representative is the person hired by the lawyer to assist for rendering professional legal services.
Work Product Privilege
The work product privilege signifies that the adverse party can’t compel or discover disclosure of oral or written materials prepared by the attorney during the legal representation, specifically on the litigation preparation.
Competence, Ethics and Care
Business law includes essentials like environmental law, contract employment law, insurance and liability and tax law. A business contract is important in general legal transactions.
Lawyers involved in business planning to avoid legal problems. Preventative law aims to avoid and anticipate legal issue and litigation in broader areas like sex discrimination, computer law, real estate planning and other property transactions.