expand icon
book Human Resource Selection 9th Edition by Marianne Jennings cover

Human Resource Selection 9th Edition by Marianne Jennings

Edition 9ISBN: 978-0538470544
book Human Resource Selection 9th Edition by Marianne Jennings cover

Human Resource Selection 9th Edition by Marianne Jennings

Edition 9ISBN: 978-0538470544
Exercise 1
Define and contrast the following:
a. Civil law and criminal law
b. Substantive law and procedural law
c. Common law and statutory law
d. Private law and public law
Explanation
Verified
like image
like image
a)1)Criminal laws : These are malum per se, which means that they refer to a wrong done against society and its moral principles.
2)Civil laws : These are malum prohibitum, which means they refer to a wrong done against another person or persons.
Criminal laws seek to prevent persons from recklessly or deliberately hurting each other or their property. Civil laws try to prevent quarrels between organizations, individuals, or governments, where no criminal laws have been violated. Criminal laws deal with activities, such as robberies and theft, and they are punishable license suspension, jail term, or fine; civil law violation provides restitution to the victim.
b)1)Substantive laws : These are statutory laws that provide responsibilities and rights to the people.
2 Procedural laws : These are a set of rules that provide the means for enforcement of substantive rights.
Substantive law describes the duties and rights of the individual, whereas procedural law sets the standards that help enforce the law.
c)1)Common law : This is developed in reaction to court rulings in which various customs of localities are conglomerated and compromised.
2)Statutory law : It is a written, formal law of a state or country, enacted by its legislative authority or parliament. It is also referred as " black letter law " or legislation.
The common law body is slow to develop; however, the decisions of the judicial system create a type of common law, which is used in the practice of stare decisis, which means "let the decision stand." Statutes command, declare, or prohibit something at every level of government - state, county city, federal, and town - depending on the cultural heritage of the regions.
d)1)Private law : These are laws developed between two or more individuals.
2)Public laws : These are laws passed by some official governmental bodies.
Federal and state statutes and constitutions are instances of public law. Public law
is used to regulate the relationship between the public and the state; private law, on the other hand, does not have any public importance and is used only for individual private matters.
close menu
Human Resource Selection 9th Edition by Marianne Jennings
cross icon