Business Legal Environmen(230) Essay Example | Topics and Well Written Essays - 750 words

Business Legal Environmen(230) - Essay Example It also develops certainty in the rule of law because the precedents determine outcomes of cases. The doctrine also promotes flexibility in the rule of law by allowing judges to avoid existing precedents and establish new ones. It however also faces disadvantages such as uncertainty because of the wide scope of precedents and judges ability to deviate from a precedent. It also makes the judicial process rigid and it lacks the primary backing of the constitution (Meiners, Ringleb and Edwards, 10). One of the differences between criminal law and civil law is that civil law relates to private rights of members of the society and regulates relationships between private persons, whether natural or artificial, while criminal law relates to public rights against the state and therefore regulates the relationship between the state and citizens. Penalties to offences also define a difference between criminal and civil law. Criminal law induces imprisonment and fine penalties while civil law induces equitable remedies for losses suffered by parties due to civil wrongs (Meiners, Ringleb and Edwards, 108). The Marbury v. Madison involved a conflict in the rule of law that established a dilemma in the applicable law. The primary case involved a suit by Marbury and others who required the Supreme Court to order the secretary of state to deliver their appointment letters. The constitution however failed to stipulate such role for the high court though â€Å"The Judiciary Act of 1789† established the power to issue writ of mandamus. The Supreme Court ruled that the judiciary has the power to determine applicable law in case of such conflicts and this identifies the power of judicial review. The landmark case was important in offering checks on the congress’ legislative power by determining validity of legislated laws (Miller and Jentz, 66). Standing to sue defines the state of having a legal interest in a case before initiating litigation. It provides that a plaintiff