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Families of Law Essay

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Law and Society Families of Law Unit 3- Written Assignment Tami Daniels 03/28/2011 Unit 3 Essay- Part Two Name of Country: Great Britain Family of law followed: Common law How disputes are settled: Litigation, Arbitration, and Mediation How cases are handled: Adversary system; case law takes precedence In this section, discuss the following: • How would your friend’s theft be dealt with under the law in this country? In Great Britain, the Theft Act of 1968 is an Act of the Parliament of the UK. It governs most of the general property offenses in English law. Theft is defined as a person shall be guilty of theft if he dishonestly appropriates property belonging to another with the …show more content…

A decision will be drawn from here. This process is characteristic of the inquisitorial model. In a case of theft, such as petty theft, it is considered a misdemeanor and under civil law it would involve investigation by civil servants called procurators (Law and Society, p 57). The case would be tried under civil law and a defendant in civil litigation is never incarcerated and never executed. A losing defendant in a civil litigation is only expected to reimburse the plaintiff for the goods stolen. Punitive damages are usually never awarded unless the defendant had malicious intent or gross negligence. If damages are awarded and the defendant does not have assets or insurance, the plaintiff will receive nothing even though the court awarded monetary damages (http://www.rbs2.com/cc.htm). Identify any other factors for consideration. Would the fact that your friend is female impact her treatment under the law in this country? In France, the fact that she is a female would not have an impact on the outcome of her crime. The same process would apply whether she is female or male. In civil law, the wrongdoer is not punished; he only suffers so much harm as is necessary to make good the wrong he or she has done (http://www.rbs2.com/cc.htm). The criminal label you would have imposed upon you seems to be suffering enough, for most, under civil law. When

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