Definition Essay Sample on Law

What is Law?

Law is the art of scientific justice that contains a set of rules and regulations to be followed by a particular community or society. A governmental or a social body takes the initiative of formulating these rules with consideration of the community to avoid bias on any side. Through this, the bodies regulate the overall behaviors of the community by dictating the degree of punishment related to each law broken. In a nutshell, law aids in controlling the global responses of society by dictating what should be done to ensure people leave in harmony.

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What Is the Difference Between Civil Law and Criminal Law?

Civil Law

Civil laws profoundly deal with overall behavior of people or groups that may constitute to the violation of rights, injuries to an individual or another party that may be affected by these actions.

Under civil law, cases are filed by a private party, rather than the government, where a judge may decide the case. The punishment under these cases aims at compensation with monetary value to crimes committed. However, the claims do not intend to imprison the defendants as in the criminal laws. The plaintiff must provide sufficient evidence to determine the liability of the defendant in the case. Through this consideration, the guiltiness of the defendant is determined from the gathering and the presentation of the evidence by the plaintiff. However, the defendants are not entitled to protections such police and prosecutor's conduct.

Criminal Law

On the other hand, Criminal law deals with the offense that can be categorized or classified as an offense against the society, the public or the state. The victim may be an individual, or a group, that performs activities that are against the law. Example of these cases includes murders, theft, drunken driving, and assaults.

Under criminal law, a case may be initiated by the prosecutor who may be a federal or a state government. A jury also decides cases under several considerations before they are punished for a felony. The charges may involve, imprisonment with fine paid to the government. On the same token, the prosecutor must establish the guilt of the defendant in the case beyond any reasonable doubt, which aids in supporting the entire situation. The defendants are protected against prosecutors,' and police's conduct as a way of safeguard their constitutional rights.

What Is the Difference Between the Duty of Care and Standard of Care?

The duty of care refers to the legal obligations that are mandated to an individual or the organization to ensure that all activities or products manufactured under their organization are safe from harming the public. Furthermore, companies use this opportunity to ensure that they construct a bridge of trust between their products and the public by developing free-error products and free services assistance. The duty of care ensures that all activities undertaken with the aim of the targeted group members being the society are ethically right and remains under the stipulated scope of functionality.

Standards of care refer to the degree of caution and attentiveness to helping curb the situation. Through this, a person responsible has the opportunity to reduce the magnitude of damage of a particular case where most of the actions and activities should be followed to ensure that minimal or no damages at all are incurred during the process. However, failure to meet these standards it is termed as negligence and the magnitude of the damage is liable to the person responsible for the oversight. Unlike the duty of care that dictates the responsibilities of an organization to help protect the public, standards of care narrow down to focus on the individual who is responsible for the damages. In other words, standards of care aim at targeting on determining if the laid down rules were followed prior to the incident.

The duty of care regulates every person in activities they partake. Example: If a skater on a skateboard fell on a lady and causes severe injuries on the lady, the skater is held accountable for his or her actions that led to hurt the lady. On the other hand, a firefight falling from a ladder under the line of duty and fells to a person, the case is considered reasonable, and there is no duty of care unless the firefighter was drunk. Hover, on the other hand, standards of care measure that magnitude of adherence to the legal standards despite the duty of care. Through this, one has to follow all the regulations and steps in performing any action to ensure that there are minimal damages or not at all.

Explain Causation and Remoteness

Causation refers to the magnitude of the defendant's contribution to the suffering of the plaintiff. This helps to determine the overall contribution of whether the defendant violated any rules that caused the eruption of the situation, which is assessed from two different elements "factual" and "legal causation."

Factual causation requires an aspect of proof to show that the defendant's conduct, was vital to trigger consequences. Furthermore, this aims at showing that if defendant's conduct was not involved in the circumstances, the situation should have been reasonable.

Under legal causation, the provided evidence will determine if the defendant's conduct was sufficient to connect the occurrence of the event. Through this, all necessary and possible evidence should be presented before the final determination of the case is made. The situation may be merely established where the causes of the defendant's conduct was an opening and substantial manner, which leads to the conclusion that the reason was not the actual determinate cause of the consequences.

What is Tort?

A tort is a compensation made to an individual due to the wrongs committed against them. This is evaluated under the actions that were taken to cause harm on a person, property or reputation of a person.

Elements of the Tort of Negligence

The duty of care refers to the relationship between two parties where one party causes harm due to the neglection of considering significant damage that may emanate from their services or products to the other.

Breaching of duty of care refers to a person failing to observe all the necessary guidelines in using a particular product or item which may result in a catastrophe.

Causation refers to determining sufficient legal cause of conduct that leads to the situation. In this case, breach of the duty of care must be the actual and legal cause that lead to harm, damage or injury.

Damage is the final element of negligence, where an injured person may have suffered an injury from the situation. Through this, monetary compensation is approved based on the magnitude of damage.