Mba 560 Contractural Risk

Contractual Risk

University of Phoenix

Enterprise Risk MBA/560

Legal Concepts Worksheet

Concept Application of Concept to the Issue of Downloading Reference to Concept in Reading

processes of the American legal system

The term adversary system sometimes characterizes an entire legal process, and sometimes it refers only to criminal procedure. In the latter instance it is often used interchangeably with "accusatorial procedure," and is juxtaposed to the "inquisitorial," or "non-adversary," process. There is no precise understanding, however, of the institutions and arrangements denoted by these expressions.

Differentiate between civil and criminal law

Criminal Law defined is a body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. The term criminal law generally refers to substantive criminal laws. Substantive criminal laws define crimes and may establish punishments. In contrast, CRIMINAL PROCEDURE describes the process through which the criminal laws are enforced. For example, the law prohibiting murder is a substantive criminal law. The manner in which government enforces this substantive law—through the gathering of evidence and prosecution—is generally considered a procedural matter.

Civil Law defined is The body of law that prescribes formal steps to be taken in enforcing legal rights.

Legal rights themselves are created and defined by SUBSTANTIVE LAW. Different rules generally govern CIVIL PROCEDURE and CRIMINAL PROCEDURE, or the procedure followed in trials and in appeals. Federal Rules of Civil Procedure regulate actions in federal courts. Procedural law is made up of state or federal statutes, rules promulgated by individual courts, and standards established by CONSTITUTIONAL LAW, particularly provisions ensuring the DUE PROCESS OF LAW.

Procedural law is often called adjective...