Question

1- What is common law and how is it created?

2- What are statutes and how do statutes orginate?

3- What is the difference between a felony and a misdemeanor?

4- What is a tort?

5- What are the elements of the tort of negligence?

6- What is strict liability and to what type of cases does it apply?

Answer 1

1. Common law:- Common law system is evolved during the colonial period of British Rule during 17th to 18th century. It is law framed for providing the fair and new legislation by analyzing the past interpretation, precedents and expected justice outcome from the activities of the previous cases as the base example. It was formed first in the British rule apart from connecting with the act of parliament. It was framed without any amendment made by the power of parliament and it was just amended with the determination of previous scenarios of judicial cases as the yardstick to add as the common legislative power.  

2. Statue: Statue is the written pre-defined rules framed as the enacted important legislation related to the all jurisdiction laws governing in the all levels of State, County, Local governing bodies and at National bodies. It was actually originate with the bill passed by the votes in the legislative assembly and if it gains the majority voting rate, then it will send to the either President nor the Governor for its approval.

3. Fenoly is the type of crime. The accused will be given punishment with very huge substantial fine and imprisonment more than one year. They need to experience the punishment in the Central Jail. And also they may sentenced to life-long imprisonment if their wrong deed is proved. The accused can choose the court lawyer for the help in order to get bail from the case. Misdemeanor is also the type of crime. But it is the crime type of short imprisonment punishment. The accused can get the jail trail below one year and they cannot afford to seek the help of court lawyers to get the bail assistance. They also fined with substantial amount but not more as fine of Fenoly accused crime people. The accused are imprisoned only in local jail of county and the local municipal region.

4. Tort:- It is the law of provision by providing the compensation to the victims who suffered physically and mentally with lot of pain with the very wrongful act of other person in the form of negligence, unlawful intention of making distress, financial losses and injuries, reckless behavior, etc. Such compensation is strictly claimed from the accused person by the enforcement of the law.

5. Elements of the Tort Negligence:- 1) The Breach of the duty 2) Helping the Accused in order to gain his benefits 3) Taking Unlawful legal steps against the favor of the victims.

6. Strict Liability:- It is the liability of the concerned parties who should take sole responsibility and accept the fault and also they are not given any chance to prove their innocence in the case when it is filed against them. It was applied in the case when any person or any living being affected by the evil effects of Crackers, Explosives and in any form of hazardous items when the accused operated at the time without any intention of injure the opposite parties.