...There have a cases that have been related to civil law. For example , Liebeck v McDonald’s Restaurant where the lawsuit against McDonald made national headlines,the facts of the case regarding neligence,defective product and breach of implied warranty make a fascinating civil case.This case began when 79 years Stella Liebeck,incdvert ently dropping the cup and spilling the sculding hot coffee on her lap.Liebeck suffered third-degree,deep tissues burns of her legs that required multiples surgeries and skin grafts.Then, Liebeck filed a civil lawsuit against McDonald’s for her injuries under the torts of strict liability and negligence.After that, the jury found that defendant product(the coffee) was defective (too hot to drink) and this constituted a breach of implied warranty mean tothe assumption that the coffee was safe to drinks.The judges also found that Liebeck was twenty percent of fault for her injuries....
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...Criminal Law vs. Civil Law There are numerous differences between criminal and civil law. Criminal law is defined as a body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. (The Free Dictionary by Farlex) Civil law is defined as the body of laws of a state or nation dealing with the rights of private citizens. (The Free Dictionary by Farlex) In an attempt to explain the difference, you must first understand criminal law. Criminal laws are substantive and divided into categories of misdemeanors and felonies. The primary difference between misdemeanor and felony is the distinct punishments and issues regarding severity. In general, a misdemeanor is a violation of a meager crime. Misdemeanors typically do not involve violent actions or crimes that cause great harm to a society. Common forms of misdemeanors include: resisting arrest, simple battery, shoplifting, public intoxication, and in some states possession and use of marijuana. In contrast, a felony is a serious crime, such as rape, murder, kidnapping, grand theft auto, or assault with a deadly weapon. Convicted felons will undoubtedly face jail time. The Federal Government states that a felony is any act that carries a minimum one-year prison sentence (Difference Between a Misdemeanor and Felony). In criminal law and with criminal court the prosecution is always...
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...Criminal Court v Civil Court; The Differences Jeff Eader Kaplan University Criminal Court v Civil Court; The Differences The American Court system was established to settle disagreements between parties that have disagreements that need to be settles. This system was created to involve two types of case proceedings, which include civil and criminal cases. There are differences between the types of cases that can be heard and tried in civil and criminal proceedings. This essay will examine differences between civil and criminal hearings in the areas of burden of proof, which party can start the case, the different types of punishment that can be handed down, and the types in each jurisdiction. Finally, the essay will examine criminal and civil case in a table format. Civil Court Hearings * Rulings * Types of Cases * Parties Involved * Burden of Proof The civil court system is a very different entity from a criminal court. This type of court hears proceedings that are about money, debts, property issues, injuries, divorce, child support, and housing issues, such as evictions and foreclosures. ("The Differences Between Civil and Criminal Court," n.d.) The judges in these types of cases have a different set of powers to enforce their findings in the case. The enforcement part of these proceedings can be as simple as a ruling, the awarding of money to one party of the case, or fining an individual. It is also important to note that an individual in...
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...Q1: Describe: Private Members Bills Individual Member of Parliaments (MPs) is sometimes referred to as private members. They are allowed to introduce or make proposals for new laws that aren't necessarily supported or planned by the government. These proposals are called Private Members' Bills. Basically, Private Members' Bills give MPs a chance to introduce new laws. There are three ways to introduce a Private Members' Bill in the House of Commons: the balloted bill, the ten minute rule and the presentation bill. i) The Balloted bill - Each year a ballot is held at the start of the Parliamentary session to choose 20 MPs who will be allowed to introduce their proposal for a new law. Only seven MPs at the top of the list will be allocated time in the House of Commons for their bill to be discussed and debated. Should the House of Commons approve the proposal, it could go through the whole law-making process and become a real law. If fact, the best chance of getting a new law made is through a balloted bill. (ii) The Ten Minute rule - Ten minutes isn't very long when you're trying to convince hundreds of MPs that your proposal for a law is a good one. The MP only has ten minutes to present in favour of the proposal they've put forward. Once the ten minutes is up, no further debate or discussion will be allowed. (iii) Ordinary Presentation - The MP only gets to present the idea without any time allotted to talk on it. The MP is not allowed to give arguments or...
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...Answer Answer Quite simply, criminal law deals with violations of statutory crime and its punishment, civil law deals with non-criminal things such as contracts/business, and things such as divorce, etc. You can be charged under both criminal and civil proceedings though. A perfect example is OJ Simpson being aquitted of criminal charges but being found guilty in civil proceedings. Probably the biggest difference between the two is what is called "BURDEN OF PROOF" In criminal proceedings the burden is "BEYOND ALL REASONABLE DOUBT" for someone to be convicted. This means that the evidence points substantially towards guilt and there is little to no question of guilt. For a jury in this case you would need everyone in agreement or the case is a mistrial. Unaminity is the key. In civil proceedings all that is required is "preponderance of evidence" which means that if it is found that it was more likely than not that an incident occured then you can be convicted. This kind of proceeding is really a "who has the best evidence" type of case. Only a majority of jury members decision is needed in this case. ANSWER 2 1. Criminal Law cases must prove the person's guilt beyond reasonable doubt, whilst civil cases must be proved on the balance of probability 2. The main difference however is who the law is aimed at. Theoretically criminal law is a considered to be harming all members of society. Consequently, the victim of the criminal case is all of society; hence...
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...the Presumption of Innocence was first articulated # . In delivering his judgement for a unanimous Court, Viscount Sankey made his famous "Golden thread’ decision . ‘Throughout the web of the English Criminal Law a single golden thread is always visible, that it is the duty of the prosecution to prove that the accused is guilty subject to... any statutory exception and the defence of insanity . If, at the end of the case, there is a reasonable doubt, created by the evidence given by either the prosecution or the defence... the prosecution has not made out the case and the accused is entitled to an acquittal. No matter what the charge is , the principle that the prosecution must prove the guilt of the accused is part of the common law of England and no attempt to whittle it down can be entertained .#...
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...in 1215 * Common Law * Customs, traditions, legal precedents * If b is the result of a and c is equal to a then b is the result of c as well * Proof of acts * How do we prove things * Presumptions in law are set in hundreds of years of legal precedents * The party that has the burden of overcoming the presumption of that law has the burden of proof * At common law over the course of 300 years, three burdens of proof evolve. * The Default Position: * When in doubt, this is the burden of proof * Preponderance of the evidence * More likely than not * Whoever has the burden of proof, has the obligation to present anything over 50% * Ex: * Two people suing each other in a car accident * Person files compliant, other files counter, both have the burden * Have to prove the other ran the red light * Joint whiteness says that the traffic signal was working so someone did run the light * Person A has 17 witnesses that says B ran the light * B has 3 witnesses * From a quantitative basis, there is no question here * A has proven that he has the greater weight * B has someone that doesn’t know either party * Evidence is the default burden of proof * If a jury decides the evidence is even, whoever has the burden of proof loses. * Common law begins to realize that...
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...Laws of Criminal Evidence Justice CJAD 405 24 January, 2016 Nuts and Bolts Assignment #2 Please answer any 2 of the questions 1-5 and any 3 of questions 6-10. You should have a total of 5 questions answered. Please submit your answers to the correct Dropbox folder by 8:00 pm Sunday. Please number your answers to correspond to the number of the applicable question. 1. Is the jury present when hearings on the admissibility of a confession are conducted? Cite the applicable rule that applies to this situation and explain the reason for the rule. 2. State and explain three ways in which the approach to the use of evidence in civil cases differs from the approach in criminal cases. 3. What is the role of the prosecutor in handling evidence at trial? The role of the judge? The role of the jury? What is meant by the statement, “The burden of proof of guilt in a criminal case is on the prosecution throughout the trial”? 4. Define burden of proof, burden of going forward, and burden of persuasion. The Burden of proof means that the prosecutor must prove the guilt of the accused person and with that; the burden will never shift to throughout the trial. The burden of going forward means that at the beginning of the trial, the party will submit evidence that the court will decide if it’s good enough to use towards the burden of proof and if it will prove the guilt of the accused beyond a reasonable doubt. The burden of persuasion means, being able to persuade...
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...________ 1. An example of a non-criminal wrong is a ___. a. tort b. crime c. violation d. penal act 2. When a ___ occurs, the State brings the action against a defendant. a. tort b. crime c. violation d. penal act 3. ___ crimes are acts that are inherently wrong or evil. a. mala in se b. mala prohibita c. felonies d. misdemeanors 4. ___ crimes are offenses that are criminal only because there is a statute or ordinance that says it is. a. mala in se b. mala prohibita c. felonies d. misdemeanors 5. ___ are crimes punishable by death or confinement for a specific period of time or more (usually one year) and fine. a. mala in se b. mala prohibita c. felonies d. misdemeanors 6. ___ are crimes that are punishable by a fine and or confinement in local jail (generally up to one year). a. mala in se b. mala prohibita c. felonies d. misdemeanors 7. Sources f criminal law include all but, ___. a. codes b. common law c. city ordinances d. public opinion 8. ___ is defined as inflicting pain or other unpleasant consequence on another person a. punishment b. incarceration c. retribution d. deterrence 9. Criminal Punishment criteria includes all but, ___. a. inflicting pain or other unpleasant consequence b. prescribing a punishment in the same law defining the crime c. intentional administration d. administration by the public 10. Purposes of criminal punishment include all but, ___. a...
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...Quite simply, criminal law deals with violations of statutory crime and its punishment, civil law deals with non-criminal things such as contracts/business, and things such as divorce, etc. You can be charged under both criminal and civil proceedings though. A perfect example is OJ Simpson being aquitted of criminal charges but being found guilty in civil proceedings. Probably the biggest difference between the two is what is called "BURDEN OF PROOF" In criminal proceedings the burden is "BEYOND ALL REASONABLE DOUBT" for someone to be convicted. This means that the evidence points substantially towards guilt and there is little to no question of guilt. For a jury in this case you would need everyone in agreement or the case is a mistrial. Unaminity is the key. In civil proceedings all that is required is "preponderance of evidence" which means that if it is found that it was more likely than not that an incident occured then you can be convicted. This kind of proceeding is really a "who has the best evidence" type of case. Only a majority of jury members decision is needed in this case. 1. Criminal Law cases must prove the person's guilt beyond reasonable doubt, whilst civil cases must be proved on the balance of probability 2. The main difference however is who the law is aimed at. Theoretically criminal law is a considered to be harming all members of society. Consequently, the victim of the criminal case is all of society; hence the case is brought on...
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...Between the Criminal and Civil Justice Systems? There are two different types of court systems: criminal and civil. There are vast differences between the two systems, including different types of punishments, laws, and burdens of proof. While the two systems are usually separate, there are some situations where they seem to overlap, such as wrongful death cases and cases involving police misconduct. How Does Each System Work? The first difference that should be noted is that in the criminal system, the government (either state or federal) seeks to punish a person for violating rules that have been set by a state legislature or Congress. In the civil system, there is usually a dispute between individuals or organizations as to rights and/or duties that they owe each other. In the civil system, the injured party starts things by bringing a suit. On the other hand, a prosecutor can bring a criminal case regardless of the victim¿s wishes. What Punishment are Available in Each System? In the criminal system, if you are convicted you could face fines, probation, and jail time. If you are found to be liable in a civil case, you face possible monetary damages and you may be forced to give up property. But, you will never face jail time in a civil case. Also, it should be noted that one of the purposes of the criminal system is to stigmatize an individual, unlike the civil system. What about the Burden of Proof? The burden of proof is higher in criminal cases. For a criminal case, a...
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...Running head: CIVIL AND CRIMINAL CASES Civil and Criminal Cases Lawanda Hall Kaplan University PA 101: The Paralegal Professional David Bondanza There are many distinctions between civil and criminal cases. There are also many differences in the way these cases are handled. In order for us to understand them, we must first know and understand what they are. Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. In a civil case the plaintiff can be an individual, corporation or government agency. Criminal law is the body of law that deals with crime and the legal punishment of criminal offenses. A criminal case is intended to accomplish this by providing an incentive for persons to act reasonably in society and imposing penalties on persons who violate those (Goldman & Cheeseman). At the beginning of a federal criminal case, the main characters are the U.S. attorney (the prosecutor) and the grand jury. The U.S. attorney represents the United States in most court proceedings, including all criminal prosecutions. The grand jury reviews evidence presented by the U.S. attorney and decides whether there is sufficient evidence to require a defendant to stand trial. According to William Geldart, "The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue - redress...
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...EVIDENCE ACT, 2011 EXPLANATORY M E M O R A N D U M This Act repeals the Evidence Act, Cap. E14, Laws of the Federation of Nigeria, and enacts a new Evidence Act, 2011 w h i c h applies to all judicial proceedings in or before Courts in Nigeria. EVIDENCE ACT, 2011 ARRANGEMENT SECTION: I- GENERAL Evidence may be given of facts in issue and relevant facts. Evidence in accordance with section I generally admissible. Admissibility of evidence under other legislation. PART JI- RELEVANCY Relevance of facts forming part of same transaction. Facts which are the occasion, cause or effect or facts in issue. Motive, preparation and previous or sub-sequent conduct. Facts necessary to explain or introduce relevant facts. Things said or done by conspirator in reference to common intention. When facts not otherwise relevant become relevant. Certain facts relevant in proceedings for damages. Facts showing existence of state of mind, body or bodily feeling. Facts bearing on question whether act was accidental or intentional. Existence of course ofbus.ness. when relevant. PART PART OF SECTIONS o 3 4 5 6 7 8 9 ]0 II I::: jJ HI·- RELEVANO: AND ADMISSlIllLITY OF C~;j{TA{N EVJnPWE 14 ]5 J6 17 [8 J9 20 21 22 23 24 25 26 Discretion to exclude improperly obtained evidence. Matters court to take into account under section ]4. What customs admissible. Judicial notice of custom. Evidence of customs. Relevant facts as to how matter alleged to be custom understood .. Admission...
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...The book states that civil law “is referred to as private law because it addresses the definition, regulation, and enforcement rights in cases in which both the person who has the right and the person who has the obligation are private individuals” (Fagin, 152). Many of the civil rights cases involve, not just an individual but a corporation or business. One of the most famous civil cases is Gottsdanker v. Cutter Laboratories. In 1954, Dr. Jonas Salk created a cure to end the Polio epidemic that killed thousands. Cutter Laboratories were responsible in mass producing the vaccine and within a year over 200 children contracted Polio from the vaccine itself. This lawsuit revealed that Cutter Laboratories had not followed Salk’s formula and were...
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...1.i) Burden of proof refers to the obligation or responsibility to prove, in a case before the courts, the assertions made by a complainant. The general rule is that the burden of proof lies with the party who makes the allegation. ii) There are two standards of proof in trails. For the criminal standard, it was required as proof beyond reasonable doubt. And for the civil standard is proof on the balance of probabilities. iii) The standard of proof requires in criminal trail is to establishes the offense beyond a reasonable doubt, for the standard of proof required in civil trail is to proof on the balance of probabilities with clear and convincing evidence. 2. Criminal law is a branch of law which concerns crimes that committed against the government or society. For example, social conduct and proscribes threatening, harming, or otherwise endangering the health, safety, and moral welfare of people. The main objective of prosecution in criminal law is to punish convicted offenders by means a fine, imprisonment or other forms of punishments, unlike civil law, whose emphasis is more on dispute resolution and victim compensation. Civil law is used to regulate rights and obligations of individuals for upholding private rights and resolving dispute between private citizens. 3. The principal legal sources of law in Hong Kong include the Basic Law, Article 5, Article 8, Article 18 and also Article 19. The establishment of Hong Kong’s legal system was in accordance with the provisions...
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