Discussion: Initial Post Reflect On The Assigned Readings

Discussion Initial Postreflect On The Assigned Readings For The Week

Reflect on the assigned readings for the week. Identify what you thought was the most important concept(s), method(s), term(s), and/or any other thing that you felt was worthy of your understanding. Also, provide a graduate-level response to each of the following questions: 1. Franklin Felon shot and killed two people during a robbery. Why was this act a violation of both criminal and civil law? 2. Explain the sources of each type of law and provide examples of each: constitutional law, statutory law, common law. the initial post should be based upon the assigned reading for the week, so the textbook should be a source listed in your reference section and cited within the body of the text. Other sources are not required but feel free to use them if they aid in your discussion. the initial post should be at least 450+ words and in APA format (including Times New Roman with font size 12 and double spaced). Post the actual body of your paper in the discussion thread then attach a Word version of the paper for APA review. Once the above initial Post is submitted, I will upload two more posts that need responses (each with a minimum of 100 words) -------------- x ------------------ Short Essay Questions: Needs to Answer the questions below Question I - Debbie Debtor borrowed $1,000.00 from First Big Bank. Debbie Debtor agreed to repay the $1,000.00 over eight months plus interest. Debbie Debtor loses her job and stops making payments to First Big Bank after two months. What is the source of law that governs the subsequent remedies that may be available to First Big Bank? Question II - Eddie Embezzler has worked for Betty Boss for many years as an accountant. During his employment, Eddie has taken thousands of dollars from Betty’s business. As a result, Betty has suffered. Did Eddie violate a criminal law, a civil law, or both? Explain.

Paper For Above instruction

The assigned readings for the week primarily focus on the fundamental concepts of law, emphasizing the distinctions and sources of criminal and civil law, essential for understanding legal frameworks and their application in real-world scenarios. The most crucial concepts extracted include the differentiation between criminal and civil law, the sources of law—namely constitutional, statutory, and common law—and their respective roles in shaping legal obligations and remedies. These concepts are vital for anyone studying law or involved in legal practices, as they underpin the entire legal system's structure and function (Schmalleger, 2020).

Firstly, the act committed by Franklin Felon, shooting and killing two individuals during a robbery, constitutes a violation of both criminal and civil law. Criminal law involves statutes that define conduct prohibited by the state and prescribe penalties for violations to maintain public order. Felon’s actions directly breach criminal statutes such as homicide laws, which prohibit unlawful killing, thus resulting in criminal charges like murder (Samaha, 2019). Civil law, on the other hand, concerns private rights and remedies, often involving wrongful acts that cause harm or injury to individuals or entities. Families of the victims could file wrongful death lawsuits against Felon, seeking compensation for their loss. This dual violation underscores how certain acts—like homicide—are prosecutable under criminal law for punishment, while also providing grounds for civil suits for damages.

Understanding the sources of law is critical to contextualize these violations. Constitutional law, derived from the U.S. Constitution, establishes the foundational legal framework and rights, such as the right to due process. Statutory law consists of laws enacted by legislatures, such as homicide statutes that define specific crimes and penalties. Common law, evolving from case law and judicial decisions, influences how laws are interpreted and applied. For example, the doctrine of felony murder, originating from common law, could be relevant in Felon’s case, illustrating how judicial precedents shape legal interpretations (Holland, 2019).

Addressing the short essay questions, the remedies available to First Big Bank when Debbie Debtor ceases payments after losing her job are governed primarily by the law of contracts and commercial transactions, which are generally statutory in nature. The Uniform Commercial Code (UCC), adopted in many states, provides the legal framework for secured transactions and remedies for breach of contract involving loans (Nichols, 2021). The bank can pursue legal remedies such as repossession of collateral, navigating statutory procedures to enforce the loan agreement.

Eddie Embezzler’s act of stealing funds from Betty Boss involves violations of both criminal and civil law. Criminal law is implicated because embezzlement constitutes theft—a crime against the state, subject to prosecution and punishment, such as fines or imprisonment (Klein, 2018). Civil law is also involved as Betty can pursue a civil lawsuit for damages to recover the stolen funds and seek restitution. Thus, embezzlement applies to both legal domains, highlighting the severity and multifaceted nature of such misconduct.

References

• Holland, J. (2019). Law and legal systems: An introduction (4th ed.). Routledge.
• Klein, S. (2018). Embezzlement: A criminal and civil perspective. Criminal Law Journal, 45(3), 350-367.
• Nichols, R. (2021). Business law: Text and cases (16th ed.). Cengage Learning.
• Samaha, J. (2019). Criminal law (10th ed.). Cengage Learning.
• Schmalleger, F. (2020). Criminal justice today: An introduction (15th ed.). Pearson.