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Business law - Term Paper Example

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John Locke once stated in his writing Second Treatise of Government, “ Where there is no law, there is no freedom.”Every society makes and enforces laws that govern the individuals, businesses, and other organizations that function within. Law is defined as a “set of…
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Business law

Download file to see previous pages...               The History of American law can be dated all the way back to when the American colonies first settled, the English system of law was established as the system of jurisprudence. Once that was established, the English common law was developed by judges who issued their opinions when deciding cases.  Hence, these principles in these cases became precedent for later judges deciding similar case. In any scenario when two sides disagree on what the outcome of a case maybe, common law is utilized. In common law, cases are judged by the jury and are extremely sophisticated since states have different guidelines for conducting cases. In common law, juries issue a verdict, which the judge typically orders as the judgment in the case. However, judges can issue a judgment not withstanding the verdict based on a motion of the losing party granted bias is present. In addition, judges can declare a mistrial in cases of misconduct. In order to win in common law, it is essential for the plaintiff to prove to the judge by a “preponderance of evidence.” If they fail to prove it by a preponderance of the evidence, the defendant prevails. 
              As mentioned above, the law of United States is founded upon statutory law. The American court system is divided by civil and criminal litigation. Without a doubt though, the United States Constitution is the foundation of government regulations in United States under the civil law. In criminal cases, the lawsuits are brought by government entities such as the government itself, based on violations of criminal statutes but not the common law. On the other hand, the plaintiff is the party who brings the action in a civil law suit in which monetary damages and equitable remedies become the focal point( Cheeseman 154). However, common law expands to civil lawsuits as well, which makes the common law superior than civil ...Download file to see next pagesRead More
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