Business Law

Running head: BUSINESS LAW 1
Business Law
Student’s Name
Date

BUSINESS LAW 2
QUESTION 1
a) Burden of proof is an obligation or duty of a party in a civil or criminal
case to prove or disapprove a disputed act by provision of evidence in support of their
claim (Rappaport, 2015). In a trial one party is essentially the bearer of burden of proof
upon which it switches to the other party if adequate proof is provided. In a criminal case
the burden of proof is on the prosecutor in proving their claim against a defendant while
in civil case the burden of proof in on the plaintiff.
There are different standards for civil and criminal actions, this is because the
purpose of civil law is to solve disputes amongst individuals, organization and business in
which compensation is awarded to one of the parties while the purpose of criminal law is
to maintain stability and order in the society through punishing criminal offenders and
making examples out of them (Rakoff, & Goldstein, 2018).
b) An example of a civil case in business environment could be violation of a
contract by an individual or a group while an example of a criminal case in a business
environment could be murder in an organization. A conduct such as murder is a criminal
offense but a party may also establish a civil case for compensation regarding further
losses incurred.
c) i) False ii) True iii) False

BUSINESS LAW 3
d) Pursuant to section 10, on arrest a person has the right to be notified or
informed of the reason for arrest, to be notified of their rights, to ask and retain advise
and lastly to confirm that their detention is lawful as per habeas corpus upon which if it is
not they can be released. When charged according to section 11 the person has a right to
fair trial this entails, being informed of any details on the arrest, being granted bail, being
tried as per reasonable time, being assumed to be innocent unless proven guilty and not
being put under pressure to be a witness or being proven guilty on basis of omission
(Peter, 2017).
QUESTION 2
a) Some advantages of civil litigation are, there is room for an appeal to a
higher court in the case that the jury or judge could have been wrong since every person
has the chance to present their case, secondly there is enforcement of the decisions made
since it is legally binding. On the other hand, parties may be intimidated by the huge
amount of time and money in civil litigations, in addition, there are restrictions in a court
placed by statutory laws and procedures which limit rulings based on other external
factors (Alexander, 2018).
b) Meditation is an informal process where a third party assists the parties
involved in coming up with a solution that they both agree to, while arbitration is a
substitute for a formal trial where the third party questions and analyses the situation in
question in order to come up with a binding decision for both parties involved (Szalai &
Wessel, 2018). In mediation the third party is a facilitator of the solution finding process