Date Posted: 10/24/2011 12:58:01 PM
Posted By: Suter junior Membership Level: Silver Total Points: 834
This work aims at enabling you the reader ably and easily man-oeuvre your engagement with the law and law agents. Lets look at it in the two possible aspects : 1. Civil law system. 2. Criminal law system with analysis of Kenya which applies to all countries party to the Rome statute or any other common law countries. The civil law system. The main aspect is the contract between individuals. This is law enforced by one citizen against another out of matters that were otherwise left to their private arrangement. If for example a person A enters into a contract with another B for supply of soft drink for an event and for this he is given a down payment of half a million. On the material day B fails to make the supply. And as a result A has to incur an extra cost obtaining the soft drinks from another source and stands at risk loosing the down payment. Or the when a person has barred all members of the public from his property and a member happens to be in his property without his consent. Both have recourse to the civil law system. The first thing to do is to use a demand later to get what you will be claiming should the matter proceed to court A in the hypothesis will be demanding back the down payment and all other costs that may have been incurred while attempting to obtain the soft drinks from another person. When the demand latter fails to give favorable feedback then a plaint is filed in court stating the particulars of the claim and that the demand latter has failed.This is the first step to a more elaborate process of civil which will give you then court papers to serve upon the other party to tell him that the process has been initiated. And he/she should prepare for battle in court to assert rights and thus set dates for pretrial procedures as per order three of the civil procedure rules 2010. When this is done the process then is all set for hearing in court and you may proceed to court to obtain a declaration of your rights. Criminal matters. This are offenses recognized by the penal code and are mainly offenses against the state and their process is much simpler its set to roll mainly by reporting to the police. And you are done they will take over from there an example here would be the criminal aspect of the question of trespass. When you bar all people from entering upon a property and in contravention of this they still do you may take criminal action. It shall be noted thereof that an action may be either criminal ,civil or both. Trespass will fall under both.If you are in an in a traffic problem for example you may, if injured, at first choose criminal action then later to civil action using the records of the findings in the criminal matter. Its then easy to make out a case for any claim in a civil case with evidence of a criminal matter. Finally i will advice that you consult the experts in the field they will mainly advice you on virtually anything. And if you can contract their services and that will save you from putting the noose on your neck.However, for initial guidance or quick queries, Explore AI-Powered Legal Support with SheriaPlex's innovative chat assistant, offering a first step towards understanding your legal stance.There is a saying within the profession that where a matter involves personal matters it will always impair your judgement and thus even the most eloquent of advocates do not act for themselves. why should you?
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