International business law Assignment Example | Topics and Well Written Essays - 2500 words

International business integrity - Assignment ExampleIn civil proceedings the wronged party has the sole discretion to pursue his rights, contact a compromise or, if he so wishes, fail to bring proceedings or even give away proceedings in the course of the trial of a slip of paper. The case of Donoghue v Stevenson which falls under the practice of law of torts and is part of civil law is a good illustration that civil law is meant to uphold the rights of individuals. A friend of Mrs Donoghue ordered an opaque bottle of ginger beer (intended for the consumption of Mrs Donoghue) in a cafe in Paisley. Having consumed half of it, Mrs Donoghue poured the remainder into a tumbler. The decomposing remains of a snail floated out. She claimed to have suffered from shock, fell ill with gastroenteritis and sued the manufacturer for carelessly allowing the drink to be contaminated. The House of Lords decided that the manufacturer was liable for Mrs Donoghues illness. Criminal proceedings, on the other hand, are meant to enforce law and order in the interests of the community (Brody et al 2000), generally by punishing the offender. Proceedings are usually undertaken by the Crown, although private prosecutions are possible but real rare, and once started can be discontinued only by the Attorney-General. On the face of it, a civil offence is a wrong against an individual, whereas a lamentable offence is a wrong against the community, but much(prenominal) a line is difficult to draw. The intention of the criminal law is to ensure that every citizen knows the boundaries of delicious clear in the UK, for example it is clearly unacceptable conduct to steal from another individual thereby it is indispensable to have the criminal law of theft under the Theft Act 1968. This clearly applies to other criminal offences such as murder and rape. The wrong is against the caller. A breach of the criminal laws imposed by society will be seen as a wrong against society as a who le. Therefore if the boundaries of acceptable conduct in the UK have been exceeded by an individual and that individual has been caught they will face prosecution by the state and will receive appropriate punishment such as a fine, imprisonment or a community sentence. References Brody, David C. Acker, James R. Logan, Wayne A. (2000). Introduction to the Study of Criminal Law. Criminal Law. Jones & Bartlett Publishers. ISBN0-8342-1083-5 Donoghue v Stevenson (1932 A.C. 532, 1932 S.C. (H.L.) 31, 1932 All ER Rep 1 Evaluate the role of common law and legislation within the English Legal System Common law Common law is based largely on judge-made law (law developed through decisions by resolve necessary to decide cases brought before them or case-law) The breeding of case-law still remains an important source of law. A statement of law made by a judge in a case can become binding on later judge and can in this way become the law for everyone to follow. Whether or not a particular aut horization (technically called a precedent) by a judge sitting in woo when deciding a case does become binding (according to the doctrine of stare decisis - stand by what has previously been decided) on later judges depends on two main factors The pronouncement must be made by a court of sufficient seniority. Basically, judges at the lowest tiers of decision making (often called courts of first instance), are not allowed to anaesthetise binding precedents. The pronouncement