Where does the law apply and the legal position in different Term Paper

Where does the law apply and the legal position in different organizations - Term Paper Example Property law deals with acquisition, ownership and disposal of both movable and immovable property. Private law is a branch of the legal system which regulations relationships and duties that individuals owe to each other (Weinrib, 1995). Some of the branches of private law include commercial law that deals with business contracts and other legally binding contracts between individuals. Tort law is another branch of private law that deals with civil wrongs which are independent of contracts such as negligence and defamation committed to other individuals. Family law is another aspect of private law that covers domestic relations like marriage, adoption and divorce (Weinrib, 1995). Labor law is another branch of private law that is interested in solving employment disputes such as collective bargaining agreement issues, dismissals and redundancy. Private law also includes property law that deals with the acquisition and disposal of property such as real estate property and the rights of individuals to the individuals (Weinrib, 1995). Inheritance and succession law deals with inheri tance of property and wills. Private international law is also part of this branch of the legal system and deals with laws governing nationality, immigration, laws on aliens and nationality laws. Private international law is mainly covered by the international treaties that govern the rights of aliens and asylum seekers in other countries (Weinrib, 1995). The person bring the case under private law is known as the claimant while the person being sued is the defendant (Cooke, 2011). Tort Law is the main branch of private law. Tort is a civil wrong, breach of trust or equitable obligation, and it is independent of contract. The remedies for torts are a common law action for unliquidated damages. Torts arise when one person owes duties to another due to operation of law. The main objectives of Tort law are to restore rights of individual

North Carolina's Criminal Justice Process Essay

North Carolina's Criminal Justice Process - Essay Example This principle is expressed in the maxim ‘Nullen Crimen, Nulla Poena, Sine Lege’, a Latin phrase which means ‘there is no crime, there is no punishment, without law’ (Schebb, 1999). Criminal law distinguishes between serious crimes, known as felonies, and less serious offenses, called misdemeanors. Generally speaking, felonies are offenses for which the offender can be imprisoned for more than one year. Common examples of felonies include murder, rape, kidnapping, arson, assault with a deadly weapon, robbery and grand larceny (Mitchell 2008). The common law developed a doctrine where an accused is engaged in the commission of a felony and a homicide occurs, the felonious act is regarded as a substitute for the proof of malice aforethought required finding the defendant guilty of murder. Thus, it becomes felony murder where an accused unintentionally killed a human being while committing or attempting to commit, such common-law felonies as burglary, arson, rape, or robbery. The theory is that if a killing resulted, even though unintentional or accidental, the required malice is carried over from the original felony. Consequently, the felon would be found guilty of murder (Schebb, 1999). Although of dubious ancestry, the felony murder doctrine has been incorporated into most criminal codes in the United States even in North Carolina (Hall, 2000). With the proliferation of crimes classified as felonies, legislatures have generally limited its applicability to felonies, involving violence or posing great threat to life or limb. Felony murder statutes have produced much litigation in the criminal courts (Hall, 2000). Some of the question raised include-can a felon ho perpetrate an offense be guilty of felony murder where the victim of the intended offense kills a co-felon or -should the felon committing a crime such as robbery be guilty of felony murder if a police officer mistakenly kills the felon’s intended victim? And -can a felon be guilty of