23 Jul 2015

How laws overlap classification

If you think about a situation, such as those you read in the news, you may realise that in many instances the situations described will have legal consequences. In other words, the same facts can give rise to criminal and civil/public/private liability.

Take this instance where the driver of a bin lorry crashed into pedestrians in Glasgow on 22nd December 2014. Six of those pedestrians died and ten more were injured.

In such a case, the State can investigate whether the driver committed a criminal offence for which he may be prosecuted. If he has, he can be prosecuted by the Crown Prosecution Service (CPS).

Victims also have the option of taking civil action for any injuries or loss, including financial loss with regards to medical expenses, for days missed in employment, care etc.

Similarly, think about a surgeon operating after consuming alcohol. or an employer who fails to provide adequate health and safety equipment/training.

Rights and Responsibilities:

It is important to note that law is ‘balanced’ since with rights granted, there are corresponding responsibilities.

For example, a ‘common’ right touted often is the ‘right to free speech’. But this is balanced by the responsibility not to commit slander, libel, hate speech etc.

This will be explored in more depth as the course progresses.

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