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BUSINESS ACTIVITIES DEALT WITH BY CIVIL AND CRIMINAL COURTS
Civil Court handles cases where the amount being claimed is up to $750,000, the Court can deal with cases where larger amounts are involved if the parties to the case agree. The District Civil Court deals with business activity in cases of
ɨ Personal Injury where a person suffers an injury because of the actions or inaction of an organization and is seeking compensation.
ɨ Damage to Property where a person or organization suffers damage to their property because of the actions or inaction of another person or organization.
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ɨ Contract disputes where there is a dispute between parties to a contract about what the terms of the contract mean, or if one party thinks the other party has not fulfilled their end of the bargain.
ɨ Debt recovery where a person or organization fails to pay money owed to another person or organization.
Offences relating to business activity dealt with in Criminal Court include
ɨ Offences relating to property robbery from the person, break and enter, larceny and embezzlement.
ɨ Fraud passing valueless cheques, obtaining money by deception and forgery.
WHY MAY SOME OF THESE ACTIVITIES BE DIFFICULT TO BRING TO COURT
ɨ Dividing assets after a business partnership fails is often difficult to deal with in court as individuals cannot officially lay claim to objects such as furniture. Partners must settle out of court.
ɨ Verbal contracts are difficult to bring to or deal with in court as both parties can deny or argue about what was said, there is a huge temptation to lie as it easy to get away with due to lack of evidence.
ɨ Civil cases are more easily proven than criminal, as the standard of proof needed in civil court is a ‘balance of probabilities’ which consists of the weighing up or comparison of the likelihood of the existence of competing facts or conclusions. Whereas, in criminal proceedings a charge is not proven if the court is not satisfied beyond reasonable doubt that the accused committed the offence.
ɨ Arthur Anderson accounting firm has been indicted under one criminal charge of destruction of thousands of documents and deleting files of its audit with Enron. However Anderson denies that any of the document shredding occurred with the knowledge or consent of senior firm management. Also, the department has not suggested that any of the discarded files actually contained any incriminating information.
ɨ In the case of One.Tel’s bankruptcy, director Jodee Rich transferred assets to his wife and children. By doing this he attempted to prevent the selling of his assets for debt recovery. However, all assets were frozen.
ɨ An employee, Geoffrey Stevens, of Alcoa sued the company for medical costs claiming that he contracted bladder cancer due to his work as operator of the pot room. Alcoa spokesman replied that the companys workers had been taking part in a major health study for the past seven years. This study had found that the incidence of bladder cancer among its staff was the same or less as for the general incidence of bladder cancer among males. The courts cannot be sure that the man contracted cancer due to his work.
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