Geena case


Geena runs an unregistered online investment portal, where she
managed to get people to deposit their money to the account.
Later, it was discovered that all these are a scam and she planned
to flee with the money, only to be arrested by the immigration
officers due to her fake passport.

-Geena is liable under Civil law. As this is an intentional deception
made for personal benefits and to damage the other parties.

-Geena has violate the forgery laws , counterfeiting fraud. It is the process
of making, adapting, or imitating objects, statistics, or documents with
the intention to deceive. A person commited a forgery crime when he/ she

• alter any writings of a person
• utter any writings which he/she knows to be forged.

- Geena has conducted the unlicensed activity as the online investment portal
is unregistered.
- Geena has also engaged herself in the investment fraud as she intends to
flee with the money when the people discovered that it was a scam.

Ryan case

When driving his car in Georgetown, Ryan called and talked with his
wife though his mobile phone without the use of hands-free device.
While talking, he lost control over his car and eventually hit a walking
pedestrian.

- Ryan is liable under criminal law. This is because he has violated the
rules of driving. It is an offends against the state.

- The pedestrian should pursue this matter to the criminal courts in order
to recover his losses and injuries. When the matter is brought to the criminal
court , an accused may be convicted if he is guilty and acquitted if he is
innocent. By the time when the accused is convicted, he will be fined or
go through the imprisonment, or both. The pedestrian can sue the drivers
for the medical expenses and the pain and sufferings caused by the reckless
driver.

The pros and cons of Doctrine of Stare Decisis

Supporters of the system argue that it makes decisions "predictable", that is, a business person can be assured of the same decision in the same sort of case. The argument most often used against the system is that it is undemocratic as it allows unelected legislators to make law, or that it preserves wrongly decided cases. Critics also sometimes accuse particular judges of applying the doctrine selectively, invoking it to support precedents which the judge supported anyway, but ignoring it in order to overturn precedents with which the judge disagreed.

The doctrine of stare decisis post some of the pros and cons below:

Flexible
It is sometimes said to be flexible. A judge is not so free where there is a binding precedent. Unless it can be distinguished he must follow it, even though he dislikes it or considers it bad law. His discretion is thereby limited and the alleged flexibility of case law becomes rigidity.

Avoids mistakes
It provides guidance based on the previous judges' experience. therefore, it prohibit the happening of wrong judgement by the judge itself if he was left to make the decision alone.

Greater certainty in the law
It can be considered as the most important advantage claimed for the doctrine of judicial precedent.

Causes injustice
The overruling of an earlier case may cause injustice to those who have ordered their affairs in reliance on it. Precedent may produce justice in the individual case but injustice in the generality of cases. It would be undesirable to treat a number of claimants unjustly simply because one binding case had laid down an unjust rule.

Limits development of the law
It is a limiting factor in the development of judge-made law. Practical law is founded on experience but the scope for further experience is restricted if the first case is binding.

First entry- Intro on business law

As this is the first entry of my blog post
i would just roughly mention on the introduction of business law.
Business law is the body of law which governs business and commerce
and is often considered to be a branch of civil law and deals both with issues of
private law and public law. It is important that manager nowadays should
be getting more familiar with the business law especially for those who are
responsible in making decisions.

Even though business law is quite strict nowadays but there are still some shortcomings
both in small business law and in corporation law. The number of shortcomings is pretty
numerous until some find it struggling to manage their business without an assistance
of certain services. The thing is that direct or uncovered business is theoretically
possible in legal environment of business.

more to come in the coming posts. :)