Business Law: Legal Concepts
Concept Application of Concept to the Issue of Downloading
Structure and processes of American Legal System
Elements included are: law, rule of law, property, classifications of law, sources of law, legal sanctions for criminal and tortuous conduct, organization of the court system: state, federal courts, decisions by the US supreme Court, the power of judicial system including the nature of the process and judicial restraint, litigation overview which includes class-action suits.
Since software is considered intellectual property, all elements of the American Legal System is applicable.
Understanding the basic concept of Law.
Classifications of Law and differentiating between civil and criminal law.
Criminal law, on the other hand is an aspect of public law and relates to conduct which the State considers with disapproval and which it seeks to control or eradicate.
Law is made up of rules, which are laid down by the state and backed up by enforcement. Law is the "social force that holds together societies range from custom and religion to law and economic ties." Courts and police are an integral part of the legal system to help maintain order in the society and prevent in the illegal downloading.
Civil Law, observed by nations not colonized by England rely more on legislation than judicial decisions for law. Civil law is a form of private law as it involves the relationships between individual citizens. Civil cases include breach of contract with a request for relief without punishment.
Criminal law ‘encompasses all legal aspects of crime' (Reed, Chapter 4, pg 83) thus the society is directly involved. Governmental agencies represent the interest of the society who proves the wrong committed against the society and that the wrongdoer is punished by the court system with affine, imprisonment, death or removal from office. Public law is an aspect of criminal law as...
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