Essay on "Setting"
Essay 6 pages (1734 words) Sources: 3
[EXCERPT] . . . .
The accusations would have to be proven and convicted in a court of law, which would require time and resource consumption.In the case of the civil law system applied to the business community, this is characterized by a lower degree of free contract, which means that the business contracts are more standardized and better regulated by the state. Subsequently, this offers better protection in cases of wrongful doing by others, but it also limits the freedom of business operations.
In such a setting then, the final choice is that for a common law system, since this would better stimulate economic activity, and the overall development of the society. This virtually means that the business activities would be completed based on mutual trust and respect between the partners, as well as the respect of the instated laws and regulations. When disputes arise, these would be managed by mediation and based on law, and when this approach fails, the courts would be approached to help resolve the business issues.
References:
Lengeling, D. 2008. Common law and civil law -- differences, reciprocal influences and points of intersection. http://www.consulegis.com/fileadmin/downloads/thomas_marx_08/DLengeling_paper.pdf accessed on January 22, 2013
2011. Key features of common law or civil law systems. World Bank. http://ppp.worldbank.org/public-private-partnership/legislation-regulation/framework-assessment/legal-systems/common-vs.-civil-law accessed on January 22, 2013
2013. Common law system. The Free Dictionary by Farlex. http://legal-dictionary.thefreedictionary.com/Common+law+system accessed on Ja
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Quoted Instructions for "Setting" Assignment:
Please compose an essay setting with the background presented below to set forth the main tenets of the two major legal systems and explain which one you would select as the preferred forum for resolving legal disputes concerning your business, and why. This assignment is intended to demonstrate the basic understanding of legal system adopted in the United States by identifying its main tenets and comparing and contrasting those with the main tenets of the other major legal system. Feel free to hypothesize whatever scenarios you wish in order to complete the assignment. This may be especially helpful in helping illustrate the features, advantages, and disadvantages of the different systems.
Here is the background:
There are two great legal traditions in the world: the Anglo-American Common Law tradition, and the Romano-Germanic Civil Law tradition. (There are others, such as the traditional Shari'a in Islamic countries and so-called Soviet law in, e.g., the People's Republic of China, but for our purposes they are of little consequence.) The Anglo-American Common Law began in England after the Norman Conquest of 1066 and developed as a body of judge-made law; the Romano-Germanic Civil Law traces its roots to the Roman Empire (technically to the days of the East Roman Emperor Justinian in the sixth century A.D., but actually going back to the Twelve Tables of the fifth century B.C. Roman Republic). Today, the Anglo-American Common Law tradition operates - more or less - throughout the world in those countries that were formerly parts of the British Empire and Commonwealth, while the Romano-Germanic Civil Law tradition operates on the European continent, in Central and South America, and in some countries that were former colonies of European (but not British) nations. There are features peculiar to each and fundamental differences between the two.
Sources to use: Please use only trusted sources (for example: Wikepedia).
How to Reference "Setting" Essay in a Bibliography
“Setting.” A1-TermPaper.com, 2013, https://www.a1-termpaper.com/topics/essay/setting-background-presented-set-main/3005831. Accessed 1 Jul 2024.
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