Discussion questions
Question 1
a) Difference between private and public laws
In the legal realm, there are different types of laws that govern individual relations with agencies. There are two broad categories of laws, public laws, and privacy laws. The two laws have different distinctive roles in the justice system. Herein are the differences between public and private laws. Firstly, private laws govern the relationship between the government and individuals and the general legal system. These laws include laws established by the organizations or employment, for essence, the rules of behavior (Hensler, 2017). On the other end, public law with issues affecting the general public and governs individual private relations to public entities. Second, private laws affect individuals’ rights and obligations and seek to help the individual in dispute resolutions for essence; there are contract laws to govern contracts, tort laws to act as remedies for those wronged by individuals, property laws, family, and even succession laws. On the other end, public law covers administrative t laws that govern government agencies, criminal laws, municipal laws, and constitutional laws.
b) Difference between civil laws vs. criminal laws
The law is generally categorized into criminal and civil law. Herein are the differences between criminal and civil law.
Criminal laws define criminal activities and established legal punishments at the local, state, and federal levels. These crimes can include theft, assaults, and cases conducted in a criminal court system. On the other hand, civil courts deal with citizens’ rights and are applicable when individual rights are violated. In civil laws, matters can be resolved outside courts by involving an impartial third party, maybe a mediator, or through a non-criminal trial in case of lawsuits (U.S Code, 2019).
Burden of proof
Both civil and criminal cases have different burdens of proof. In criminal courts, the defendant in question can be found guilty beyond a reasonable doubt or, in some cases, is acquitted if found to be innocent. This responsibility to prove the burden is the responsibility of the state or the federal government. In contrast, in a civic court, the plaintiff is mandated to prove that the defendant is responsible for the matter they are accused of. However, the jury then decides d the defendant is responsible and makes him liable but not guilty as in the case of criminal law(U.S Code, 2019).
Penalties
In matters penalties in a criminal case, when the defendant is found guilty, the judge sentences him or her following the criminal law’s sentencing guidelines. The penalties include fines, probation, or, in some cases, incarcerations. However, in civil cases, when the defendant is liable, they must pay od damages as a form of restitution for the victim, including medical bills, if the victims suffer pain or injury. Notably, additional punitive charges may be awarded by the jury if need be. (U.S Code, 2019)
Therefore, the two forms of legality play an essential role in the justice system to restore law and order and punish offenders from wrongdoings when found guilty or liable.
Question 3
Contracts are entered by individuals in their day to day lives when making purchases or in the course of conducting business. It is a legally binding promise between parties whereby each party is obliged to fulfill their obligation in exchange for a valuable They can be oral or written. In some cases, both forms are applicable. In contract law, considerations are made whereby something valuable is exchanged between parties (Yonjan, 2019). There are elements to be considered, firstly the offers made by the promisor, secondly and acceptance offered by the promise, a form of mutuality between the parties to fulfill the promises and legality terms and conditions. Consideration may also entail an instance whereby a party refrains from the promising act they promise to or is legally entitled to.
Consideration is one of the essential elements in contracts coupled with the contract’s objects and parties’ consent. It plays an imperative role such that if it’s absent, then there is no contract. In consideration, Offers and acceptance should be well defined to established intention ad create a legal aspect. Notably, the consideration must be sufficient but not necessarily adequate for a contract to be valid. In this case, the consideration must be valuable or real, meaning that there has to be something valuable in the contract context (Yonjan, 2019). Notably, the law must be recognized and amounted to some economic value for consideration to be sufficient. In most cases, it is usually defined in these if the economic value for essence when a person does something that they had promised to do is deemed insufficient since the person is performing a duty that was already owed. Smith sells Mr. green his second vehicle at $3000, while the market price for the same is $5000. Although the offer might not be adequate, the considerations are valid since the two have agreed on the offer; thus, it is a valid contract. In his case, the promisor, Mr. Smith, has received a benefit from the promisee, and he gives up something valuable in return.
Additionally, in consideration, some principles are to be adhered to; firstly, the consideration should be executed but not past. Secondly, the considerations must move to the promisee but not necessary to the promisor. Lastly, the considerations must be sufficient, although not necessarily adequate to make the contract valid. The concept of the consideration is adopted by the common law jurisdiction when a concept of values is offered or accepted by parties entering into contracts. Of importance to note, the considerations are not necessarily illusory, whereas the existing duties’ performance does not ascertain a good consideration (Gilcrest, 2018). Consideration can either be executory or executed. For executory, a promise is made in return for a promise and is performed. This type of consideration normally occurs between buyers and sellers. Executed considerations are when one party plays its role, leaving the other party’s outstanding liability to fulfill. It is, in most cases, in situations where a reward is involved. Conclusively, considerations play an essential role in forming valid contracts in cases where serious parties agree. However, it is sometimes impractical for the court to place value on strives rendered for goods. Therefore no consideration is not adequate, especially when parties choose to decide the value they wish to place on the goods or services.
References
Hensler, D. R., & Khatam, D. (2017). Re-Inventing Arbitration: How Expanding the Scope of Arbitration Is Re-Shaping Its Form and Blurring the Line Between Private and Public Adjudication. Nev. LJ, 18, 381.
Gilcrest, J., & Carvalho, A. (2018, December). Smart contracts: Legal considerations. In 2018 IEEE International Conference on Big Data (Big Data) (pp. 3277-3281). IEEE.
Yonjan, Y. K. (2019). An Analysis of Major Elements of a Valid Contract Under Muluki Civil Code, 2074. Available at SSRN 3437233.
(U.S Code, 2019)https://courses.lumenlearning.com/suny-monroe-law101/chapter/comparing-and-contrasting-civil-and-criminal-law/retrived ( November 3,2020).
