Applicability of Statute and Case Law in Criminal and Civil Cases

This article discusses the applicability of statute and case law in both criminal and civil cases. It explains the difference between civil and criminal law and how the court system operates in the UK. It also provides an overview of alternative dispute resolution methods. The content includes references to relevant books and journals.

Understand the applicability of
statute and case law in both
criminal and civil cases and how
the court system operates

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Applicability of statute and case law in both criminal and civil cases .......................................3
REFERENCES................................................................................................................................7

INTRODUCTION
Civil law is termed out as legal system that is originating within Europe and concerned
with private relations among members of community rather than criminal or religious affairs
(Bovis, 2020). It is the body of rules that defines and protects the private rights of citizen offers
the legal remedies. Criminal law is body of law that is relate with crime.
The present report is based on business activities that based on applicability of the statue
and case law in both criminal and civil cases. Hence, this will clearly outlines that how the court
system operates in UK.
MAIN BODY
Applicability of statute and case law in both criminal and civil cases
Statue law termed out as written law that is produced by parliament and originates from
decision made in other countries and the country's written constitutions. Common law is the law
whose decision is based on decision of judiciary (Jones and Sakong, 2020). On the other hand,
statue law termed out as legislation law that made by member of the parliament and higher
houses committees. In addition to this, statue law termed out as legal body of basic law of the
country.
Civil law termed out as body of rules that protects the private rights of citizen, offers
legal remedies and also take steps towards to sought a dispute. Therefore, this also covers the
areas of law such as torts, contracts, family law and property etc. In addition to this, civil law is
the law that is non-criminal law. On the other hand, Criminal law deals with crime. This is
inclusive of group of rules that outlines the conduct that cannot be tolerates as a threat, threat or
an endangerment to safety. Thus, law made up for this to provide the welfare of individuals.
Statutory law applied in civil and criminal law-:
Civil law deal with disputes among individuals, organisation and between the two in
which compensation can be awarded to the victim. Therefore, the criminal law is the law that is
is connected with crime and legal punishment for undertaking criminal offences (Johnson, 2020).
At the time when civil and criminal cases shares the underlying faces than judges have discretion
in deciding that whether to grant a stay and continuance in the matter of civil proceedings.

For example- In an enterprise former employee face criminal charges and civil suits on behalf of
her former employer for stealing the funds of entities. In this matter, the judges of civil court
decides to stay the civil cases until the employer is convicted and acquitted. This decision has
been taken in the vase of Peterson v. Therma Builders, Inc., 958 So. 2d 977 (Fla. Dist. Ct. App.
2007
Henceforth, this can be stated that there can be significant variation in the amount of time
in which plaintiff or prosecutor has after an incident under which the press chargers or bring a
claim against the defendant (Hanretty, 2020). Therefore, these rules are made to protect the
defendants from any kind of unreasonable demands. Each country has set some guidelines for
these but this can be noticed that the many of serious crimes such as murder kidnapping, theft or
sexual assault may not have the statue of limitations.
Case law applied in civil and criminal law-
In the civil law the party which is aggrieved or complaints sues the other party. In the
case of criminal party, the individual is proceedings for making crime in the court of law. Thus,
remedy is sought to be settle the dispute among the parties concerned (Nana, 2020). Therefore, in
this cases the compensation may be provided to the aggrieved party.
How court system operates in UK
In the UK hierarchy of legal system there are criminal and civil courts that are
responsible for undertaking the governance of justice.

Illustration 1: Legal system of UK

Supreme court- This is uppermost court of appeal within the all cases in England and Wales.
Thus, senior court of in UK are defined as-:
Court of appeal- It is inclusive of two division such as UK civil court which hears the issues
from the high court. On the other hand, criminal court hears the appeals from court that is crown
relate to trial of serious offence.
High court- This is court that performs the functions of civil court at first request and criminal
appellate court performs the cases of subordinate courts.
Crown court- It is the court that hears the cases of criminal for the both of the appellate and
original jurisdiction (Nana, 2020).
Subordinates courts-: The subordinates courts are termed out as following context as-:
 Magistrate court- In this, the issues can be supervised by a magistrate bench or district
who are sitting in each area of local justice.
 Youth courts- It is court that issue case which are aged between the 10 to 17 years.
Discussion on alternative dispute resolution-:
Alternative dispute resolution defined as set of practice and techniques that aimed to
permits the resolution of the legal disputes outside the court (Nana, 2020). This denotes the wide
range of dispute resolution that mainly has techniques that act as a means for disagreeing parties
to come to an agreement that is a short of litigation. Therefore, the ADR inclusive of the
following such as-:
 Arbitration- This is similar to informal trial in which the third party hears the each side
of the dispute and they issues a decision. Thus, decision of the court are binding and non
binding.
 Arbitrator- It is inclusive of person that has the power to resolve the dispute by hearing
each side and coming to decision.
 Mediation- This is termed out as the collaborative process in which mediator works with
parties to come towards agreeable solution.

REFERENCES
Books and Journals
Bovis, C., 2020. The law of EU public procurement. Oxford University Press (OUP).
Jones, L.P. and Sakong, I., 2020. Government, business, and entrepreneurship in economic
development: The Korean case. Brill.
Johnson, D., 2020. What role does competition law have to play in the prosecution of financial
crime in the UK?.
Hanretty, C., 2020. A Court of Specialists: Judicial Behavior on the UK Supreme Court. Oxford
University Press, USA.
Nana, C.N., 2020. Corporate criminal liability in the United Kingdom: determining the
appropriate mechanism of imputation (Doctoral dissertation).
Bovis, 2020Jones and Sakong, 2020 Johnson, 2020 Hanretty, 2020 Nana, 2020