International business law Assignment Example | Topics and Well Written Essays - 3000 words

International business law - Assignment Example Thus, cases with the intent of temporarily depriving the owner of his property rights constitute a criminal offense. According to the English legal system, this law is mainly used as an effective way of dealing with certain acts that are deemed to be against the prescribed norms in the society. The major objective is to punish those who are liable to such kind of crime. This is in line with the need to deter people from committing such crimes for the purpose of safeguarding peace and harmony in the society. According to Kleyn & Viljoen (2002), civil law is classified under private law which is one major difference between criminal law and civil law. Civil law mainly deals with legal relationships between parties involved. These subjects involved are more or less on the same position. Unlike in criminal law, the state is there to facilitate the delivery of justice in civil law. Common examples of cases involving civil law include tort law as well as family law whereby compensation is granted upon conviction of the offender unlike punishment in the case of criminal law (Kleyn & Viljoen 2002). This law is mainly used to settle disputes between subjects whereby it is the plaintiff against the defendant whereas it is the state that initiates prosecution against the defendant in a criminal case. 2. Common law in the English legal system was developed in the decisions that were made in other court cases and these were adopted as law in real terms (Du Plessis, 1999). This law is mainly used as reference to particular cases that may have a similar bearing on the case that will be tried in the court. Common law is the legal norm and plays a significant role in consolidating the validity of the law given that it was a result of cases that were tried in the courts of law and decisions were reached and agreed. With time, there are some kinds of behaviour by human beings which become unacceptable and in such instances, it becomes the role of the legislature to enact new offe nces that are considered as law (Kleyn & Viljoen 2002). In such an event, this kind of law is mainly regarded as statutory law whereby it can be noted that the legislature as well as the common law have greater roles to play in the English legal system. Though common law is the major source of law in the English legal system, it however, does not cover all the aspects of the law since there are new cases emerging by the day such as the environmental laws. It is the role of the legislature to make sure that all important aspects of this law are covered adequately. According to Du Plessis (1999), â€Å"English law is uncodified common law and the legislation primarily regulates matters of a more modern technical nature or else it amends, systematises, consolidates or supplements common law in areas where it is inadequate or ambiguous or where renewal is necessary,† (p. 36). From this argument, it can be observed that common law