Introduction To Law

WHAT LAW STANDS FOR???
Human society has developed over thousands of years from a primitive culture where
the very survival of the species was at stake to the complex, diverse and dominating
species that humans are today. Much of the success of this development can be
attributable to rules and regulations laid down by society. With a little further study the
need for such rules becomes clear. In the early days of human existence, survival was
achieved by working as a group. There was a fine line between life and death, for
example the stealing of food from another group member could eventually result in
starvation or death of the victim. Social order, created by rules, is at the foundation of
the society that we see today. The framework that was created influences how
individuals interact and how businesses operate. In other words, it provides social
control. The framework of social control can be viewed as having two aspects: a)
Formal control mechanisms b) Informal control mechanisms Law is a formal control
mechanism. It provides a structure for dealing with and resolving disputes that may
arise, as well as providing some deterrent to those wishing to disrupt social order.
Informal mechanisms include ethical and moral guidance. These are 'norms' or
behavioural expectations that society has developed over time through its culture. Such
mechanisms have little formal structure to organise, control or to punish – such matters
are dealt with informally by pressure from other individuals or groups.
TYPES OF LAW
Most legal systems distinguish several
different types of law.
• COMMON LAW AND EQUITY
• STATUTE LAW
• PRIVATE LAW AND PUBLIC LAW
• CRIMINAL LAW AND CIVIL LAW
COMMON LAW AND EQUITY
The earliest element of the English legal system is common law, a system of rigid
rules laid down by royal courts following the Norman conquest. Application of
law was by judges who travelled around the country to keep the King's peace and
judgements often resulted in harsh consequences. The judges actually made the
law by amalgamating local customary laws into one 'law of the land'. Remedies
under common law are monetary, and are known as damages. However, there
are times when money is not a suitable remedy. For example, you have agreed to
buy a unique painting from an art dealer. Should the dealer at the last minute sell
the painting to someone else, damages are unlikely to be acceptable, after all
you wanted that painting. Equity was developed two or three hundred years
after common law as a system to resolve disputes where damages are not a
suitable remedy and to introduce fairness into the legal system.
STATUTE LAW
Whilst the judiciary is responsible for the creation of
common law, Parliament is responsible for statute law.
Statute law is usually made in areas so complicated or
unique that suitable common law alternatives are
unlikely, or would take an unacceptable length of time,
to develop – company law is one example of this.
PRIVATE LAW AND PUBLIC LAW
Most of the law is private law. That is law which deals with relationships and interactions between
businesses, and private individuals, groups or organisations. The state provides a framework for
dealing with disputes and for enforcing decisions, but it is for individuals to handle matters between
themselves. For example, the Sale of Goods Act 1979/30 regulates the sale of goods. It provides
rules that must be adhered to when making a sale. Should any dispute arise that is covered by the
Act, it is up to the parties to resolve the matter themselves using rules laid down by the legislation,
the state does not get involved. Public law is mainly concerned with government and the operation
and functions of public organisations such as councils and local authorities. It will not be of great
interest to you in your studies of corporate law, however examples of public law can be found in
planning rules that must be adhered to when building or expanding offices. A key distinction
between public and private law is who takes up the case when a wrong is committed. The state
prosecutes the alleged perpetrator under public law, whereas, under private law it is for the
individual concerned to take action. Criminal law is a part of public law and deals with behavior
that the state considers unwelcome and wishes to prevent. Criminal law also decides how those
guilty of committing unlawful behaviour should be punished. You will notice the names of criminal
cases are reported as R v Jones or Regina v Jones. This indicates that the state takes action on behalf
of the crown (Regina is Latin for Queen, in Bangladesh its STATE).
CRIMINAL AND CIVIL LAW
It is often the criminal law about which the general public has a clearer
perception and keener interest. Some of the high profile criminal cases at
COURTS are deemed extremely newsworthy. Civil law, on the other hand,
receives less overt media coverage. However, every time you buy or sell goods,
or in a criminal case the State is the prosecutor because it is the community as a
whole which suffers as a result of the law being broken. Persons guilty of crime
may be punished by fines payable to the State, imprisonment, or a community-
based punishment. Generally, the police take the initial decision to prosecute,
but this is then reviewed by the Prosecution Service. Some prosecutions are
started by the Director of Public Prosecutions, who is the head of the Crown
Prosecution Service. In a criminal trial, the burden of proof to convict the
accused rests with the prosecution. The prosecution must meet the standard of
proof, which means proving its case beyond reasonable doubt.
CIVIL LAW
Civil law is a form of private law. In civil proceedings, the standard
of proof means that the claimant must prove their case on the
balance of probability. The claimant must convince the court that it
is more probable than not that their assertions are true. There is no
concept of punishment, and compensation is paid to the wronged
person. Both parties may choose to settle the dispute out of court
should they wish. Terminology in civil cases is different to that of
criminal cases. A claimant sues a defendant. A civil case would
therefore be referred to as, for example, A v B plc. One of the most
important areas of civil liability for business, and accountants in
particular, is contract law.

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WHAT LAW STANDS FOR???

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