Case Law-This is the type law made by the court and decided by the judges in the court based on the previous case. It is also known as common law. It usually serve as the common template for certain legal concepts, and how this template can be applied to sort out some type of case.
Example: Case between landlord and tenant. Assuming James file a suit against his landlord that he was not notified before the rent increase, that the state law stipulated certain number of days (assuming 60days) should be given as notices, before an increment. Assuming the landlord defended that; the 60days period was only for the multi properties owners of many tenants. It is left for the Judge to review the case. Assuming the judge notices that the 60day notification applies to multi property owners. And at the same time no clear clue on the application of these to all other landlords based on context. It is left for the Judge to base his ruling on the circumstances peculiar to James case. The Judge may agree that all landlord should observe the 60 days grace period. He therefore ruled in James’s favour. This is an example of Case law.
Civil Law.
When group of rules is set up to address and protect citizens’ rights, to sort out disputes, and can be referable in the sorting out of contracts, property, tort, and family related law, it is Civil law. Its usually makes use of doctrine to develop a code on how legal issues will be sorted out, just as in the ancient Roman law. Basically, it is use to resolve disputes, and to provide compensation for the person who suffers damages based on another person’s action.
Example is the case of personal injuries filed by a customer (Mary) against MacDonald. After purchasing a coffee drink in a cup with a lid, at a drive-through stand, which accidentally splits on her laps due to the car movements, where she was a passenger, on removing the cup lids to add creamer, she filed a suit against MacDonald for the burns she suffered and the cost of surgery she had. The jury on review the case ruled that for the coffee to have caused a third degree burns, and damaged to her leg tissues, then it was too hot to drink, contrary to the implied warranty of the defendant that it was safe and comfortable to drink. The jury concluded that though, there was laxity on her path too because she ought to have handled the cup well in the car, conscious of the fact that it was not a comfortable place to drink from an open container. The jury blamed her for this too.
Criminal Law.
When the Law is set up to deter people from some behaviours which is contrary to normal human behaviours, and which can lead to civil disobedience in the society, and melted punishments against those that committed such offence, the law which addressed is the Criminal Law. Such violation is regarded as against the government, and the Government (prosecution) files a suit against the accused, contrary to the civil law (above) where it was the (victim) that files the suit. The govt.pays for the case, while the accused pays for defence. Because, the freedom of the accused is at stake, a high standard proof is needed to convince the jury to reasonable doubt before the verdict is reached.
Theft, burglary, arson, sexual assault, identity theft, are examples of criminal cases
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