Legal Decision Making - Case Study Example

Prosecution for crimes is always conducted in the name of the state; the case being styled as State versus the name of the defendant. The prosecutor has a duty of establishing the guilt of the accused beyond any reasonable doubt. A crime usually includes offences like rape, robbery, murder, theft etc where the penalty for these cases ranges from hanging to fine. On the other hand, civil law concerns the violation of private rights belonging to an individual in his capacity as an individual for example refusing to pay a loan or defaming someone.

Unlike criminal cases, the proceedings in civil cases are instituted in the court of law by the plaintiff himself and the burden of proving his claim rests on him. If the plaintiff succeeds in a civil action, the defendant will be ordered by the court to compensate him by paying damages. 2 Although there are already written consequences a person who has been proved guilty is subjected to, the decision of cases varies on the argument of both the defendant and the plaintiff in case of civil case; and in case of a criminal case, and outcome of the case depends on the argument of the prosecutor and the accused.

For this case, the judgement of each particular case depends on the uniqueness a particular case. It happens that cases that are similar in nature, t. A contract is usually defined as an agreement between two or more persons which is intended to create legally binding obligations. The word binding is used for there are some contracts which are valid but are not enforceable in a court of law. There are already predetermined consequences that follow suit in case on breaches a contract but it does not mean that all those who breach a law of contract will be subject to the same consequence.

The outcome of the case will depend on the uniqueness of a particular case. 3One of essentials of a valid contract is that a contract is created with an intention of creating a legal relation. Agreements of a purely domestic or social nature are generally not enforceable contracts. Whether or not the parties intended to create legal relations is a question of fact to be inferred from all the circumstances of a case. For example in a case between Balfour vs. Balfour held in 1919. In this case, the defendant was civil servant in Ceylon.

While he and his wife were on leave in England, it became apparent that because of ill-health, the wife would not be able to return to Ceylon. The husband promised to pay her thirty pounds a month whilst forced to live apart. He failed to pay, and his wife sued on the contract. It was held that the husband was not liable because there was no necessary implication from the circumstances of the parties that they intended to make a legally binding contract. It was more like a domestic arrangement between husband and wife rather than a contract.

(Penrose, 2005) On the other hand, if on examining the facts of a family agreement, the court reaches the conclusion that legal relations can be inferred, the contract will be enforced. For example, a case held between Simpkins vs. Pays in 1955. In this