This Is My Homework Don't Copy From The Web And Use The Powe

This Is My Homework Dont Copy From The Weband Use The Powerpoint To H

This is my homework DON'T Copy from the web and USE the powerpoint to help with the answers Common Law and Civil Law a. What is “Common Law”? Why is the United States a “common law country”? b. What is the primary distinction between common law and civil legal systems? 8. Public and Private Law a. What is public law? Give three examples of public law. b. Explain private law. Give three examples. 9. Civil Law and Criminal Law a. What is the difference between civil law and criminal law? b. Explain the two ways that the words civil law are used in this chapter. 10. The Specific Sense of Corporate Governance a. What is the “specific” sense of corporate governance? b. Why might some managers try to artificially raise or “puff up” the market price of their stocks? Describe several ways they could do this.

Paper For Above instruction

Analysis of Legal Systems and Corporate Governance

This paper explores fundamental distinctions in legal systems, focusing on common law and civil law, public and private law, and civil and criminal law. It then delves into the specific domain of corporate governance and why some managers might manipulate stock prices.

Common Law and Civil Law

“Common law” is a legal system characterized by case law and judicial precedents, where judicial decisions guide future cases. In countries with a common law system, courts have substantial authority to interpret laws and create legal principles through their rulings. The United States is considered a “common law country” because it inherited the English legal tradition, which emphasized case law and judicial interpretation. Over time, the U.S. legal system has been built upon these principles, with courts playing a significant role in shaping the law rather than relying solely on statutes passed by legislatures.

The primary distinction between common law and civil law systems lies in their sources of law. Common law systems prioritize judicial decisions and case law as primary sources of legal rules. In contrast, civil law systems rely heavily on codified statutes and legal codes created by legislative bodies. Civil law countries tend to have comprehensive legal codes that systematically organize laws and regulations, whereas common law countries depend more on judicial interpretations and precedents.

Public and Private Law

Public law pertains to the relationship between individuals and the government and encompasses the legal frameworks that regulate interactions between the state and its citizens. Examples of public law include constitutional law, administrative law, and criminal law. Constitutional law defines the structure and function of government institutions; administrative law governs the actions of government agencies; criminal law deals with offenses against the state or public order.

Private law, on the other hand, governs relationships between private individuals or organizations. It primarily addresses issues such as contracts, property rights, and domestic relations. Examples of private law include contract law, tort law, and family law. These areas regulate the rights and obligations of private parties in various personal and commercial interactions.

Civil Law and Criminal Law

The difference between civil law and criminal law fundamentally revolves around the nature of the disputes they resolve and their objectives. Civil law addresses disputes between private parties, usually seeking compensation or specific performance as remedies. It involves cases such as breach of contract, property disputes, and personal injury claims. Criminal law, conversely, involves the prosecution of conduct considered offenses against society. Its primary aim is punishment and deterrence, and it involves cases such as theft, assault, or murder.

Within this chapter, the term “civil law” is used in two contexts: first, to describe the legal system based on comprehensive codes, and second, to refer to private legal disputes between individuals or entities that do not involve criminal charges. These usages highlight the different ways in which the term is applied within legal discourse.

The Specific Sense of Corporate Governance

The “specific” sense of corporate governance pertains to the mechanisms, processes, and relations by which corporations are directed and controlled. It emphasizes the structures and policies that ensure a company's accountability, transparency, and ethical management to shareholders and stakeholders.

Managers might attempt to artificially inflate the market price of their stocks, often referred to as “puffing up” the stock price, to attract investment, increase executive compensation linked to stock performance, or maintain the company’s reputation. Some methods to achieve this include engaging in earnings management through manipulative accounting practices, disseminating misleading financial reports to inflate profits, or engaging in stock buybacks to reduce supply and increase stock prices artificially. Such activities can mislead investors and distort market perceptions, ultimately undermining trust in financial markets.

References

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• Lindberg, S., & McLennan, T. (2019). Public and Private Law: Foundations and Applications. Aspen Publishing.
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