...Civil actions and criminal actions are both handled in a court of law, but they don’t carry the same kinds of penalties. Civil actions are the kind of court cases that usually involve the damage to a plaintiff’s property, or physical injuries that are a result of misconduct by the defendant. Civil actions usually don’t require either party to have lawyers present, and can be handled in a single visit to court rather than repeat visits and appeals. Criminal actions on the other hand are much more complicated, and will involve lawyers who are either court appointed or obtained by the defendant themselves. Criminal action is brought on by the state, and will involve a defendant who has committed a crime that ranges from a simple assault, robbery, OUI, attempted murder, or the death of another. The goal of all civil cases it to reach an agreement, or try and make right of a situation that has lead both parties to court. A Civil case allows both the plaintiff and defendant to state their case, it’s also is a chance for the plaintiff to be compensated for any money or property they are owed. The goal of all criminal cases is for the state to hand down forms of punishment to those who have broken the law. Criminal cases also give the public a sense of security, knowing that the people who have committed a violent or reckless crime will be held accountable, and punished based on the nature of the crime. Civil cases don’t involve any kind of incarceration, but do involve the defendant...
Words: 701 - Pages: 3
...Civil Procedure v. Criminal Procedure ENC 1102 34 Week 11 Individual Work Civil Procedure v. Criminal Procedure Civil procedure relates to the process where two parties bring a case to the court for a decision on a particular problem. These problems can include but are not limited to divorces, estate distribution, work men’s comp., injury cases, or even matters such as discrimination in the workplace. Criminal procedure applies to the process where the state or federal government is charging and trying someone for a crime that was committed (Civil Procedure, 2012). The rules in civil procedure are different than those in criminal procedure because the actions that need to be taken are different. Firstly, civil procedure requires that a civil case must begin by filing a complaint. The complaint is then, served to the offending party. Once the defending party receives the complaint, they then drafts and files an answer with the court. A party in a civil case can be anyone including people, businesses, and government personnel. When the parties go in front of the court in a civil case, it is to determine whether a person was injured and if they were injured, how much should be compensated for that injury. All of this information pertaining to the civil case is specifically drafted into the court documents (American Bar, 2012). Civil cases, also, have some Constitutional protection in place. For example, the parties involved in a case must file and receive consent of the...
Words: 940 - Pages: 4
...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...
Words: 865 - Pages: 4
...The criminal justice system is greatly shaped by the civil rights safeguarded under the Bill of Rights. The court jurisprudence with regard to national security and civil liberties largely revolves around the provisions of the Bill of Rights (Baker, 2003). This paper discusses Chief Justices Earl Warren and William Rehnquist’s significant decisions and the effects they had on the balance between social order maintenance and individual liberties. Warren versus Rehnquist Courts Earl Warren held the position of Chief Justice between 1953 and 1969. He led a liberal majority, who utilized the judicial authority to consternate their conservative opponents. The Warren Court promoted the federal power, judicial power, civil liberties, and civil rights in a dramatic fashion. The Rehnquist Court, on the other hand, took a conservative approach in criminal justice (Pollak, 1979). The most significant case that the Warren Court decided with regard to civil liberties was Brown v Board of Education of Copeka, Kansas (1954). The court unanimously ruled that there is no place for the doctrine of separate but equal doctrine in the sphere of public education. The Warren Court demonstrated its value for liberalism and activism. The view of the Warren Court was that states are a hindrance in the enhancement of a just nation. In the sphere of criminal procedure and law enforcement, Chief Justice Earl Warren’s Court was associated with four chief cases: Terry v Ohio (1968), Miranda v Arizona...
Words: 2153 - Pages: 9
...during year 1066, William the conqueror, forms a strong central government and standardize the law and applies to all over the England. In the English legal system, we can distinguish law into two, which are public law and private law. Public law concerns about the relationship between the states and citizens. It contains of constitutional law, administrative law and criminal law. On the other hand, private law or known as the civil law concerns about the private...
Words: 820 - Pages: 4
...> ... > Company Lawyer Title : Criminal prosecution for insider dealing: a Hong Kong perspective Delivery selection: Current Document Number of documents delivered: 1 Sweet & Maxwell is part of Thomson Reuters. © 2012 Thomson Reuters Hong Kong Ltd. Page1 Company Lawyer 2010 Criminal prosecution for insider dealing: a Hong Kong perspective Rita Cheung Subject: Criminal law. Other related subjects: Criminal procedure Keywords: Criminal charges; Hong Kong; Insider dealing; Prosecutions Legislation: Securities and Futures Ordinance 2003 (Hong Kong) Cases: Hong Kong Special Administrative Region v Ma Hon Yeung Unreported March 3, 2009 (Hong Kong) Hong Kong Special Administrative Region v Allen Lam Kar Fai Unreported July 20, 2009 (Hong Kong) *Comp. Law. 160 Introduction In Hong Kong insider dealing can be defined as the possession and conscious use of confidential price-sensitive information by a person to trade, or unlawfully disclose or procure others to trade, in the securities of the company.1 The most significant step Hong Kong has taken to reform its insider dealing laws2 has been through the enactment of the Securities and Futures Ordinance (Cap.571) (SFO),3 which came to the forefront of the regulation of the securities market in 2003. After 20 years of implementing a civil sanctions only regime, one of the striking innovations of the SFO was the introduction of a dual civil and criminal system for insider dealing.4 Insider...
Words: 5924 - Pages: 24
...A CRITICAL ANALYSIS OF CHARACTER EVIDENCE IN NIGERIA BY MADUBUIKE CHIKEZIE OBINNA 05/61313 BEING A COMPULSORY RESEARCH PROJECT SUBMITTED TO THE FACULTY OF LAW, ABIA STATE UNIVERSITY, UTURU IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF BACHELOR OF LAW (LL.B) DEGREE OCTOBER, 2010. CERTIFICATION I, MADUBUIKE CHIKEZIE OBINNA of the Faculty of Law Abia State University hereby certify that this project work was carried out under the supervision of Barr. A.S AMARAMIRO. Supervisor’s Signature. | Date. | Student’s Signature. | Date. | DEDICATION This work is dedicated to The Almighty God who helped me study under Grace. ACKNOWLEDGEMENTS Good works are often the product of cross fertilization of ideas and sincere support of resource persons. Accordingly, I give my unalloyed thanks to my creator, God the Almighty, the spring of all knowledge, my Ebenezar. I am profoundly grateful to my efficient, diligent and understanding supervisor Barrister A.S Amaramiro whose love, guidance, critical remarks and suggestions were very insightful. I will forever remain sincerely grateful. Specially, I remain highly indebted to my parents Elder and Mrs. O.C Madubuike for their love, moral, spiritual and financial encouragement since I was born. They are my engine room. My gratitude also goes to my siblings: Oluchi, Emeka, chinonso, kelechukwu and ugochukwu. They cannot be thanked enough for their love and support...
Words: 2516 - Pages: 11
...Topic 1: The Legal System TABLE OF CONTENTS | | | |Introduction |1 | | | | |The Local Court |2 | | | | |The District Court |4 | | | | |The Supreme Court |6 | | | | |Alternative Dispute Resolutions |7 | | | ...
Words: 3873 - Pages: 16
...How much patience you have, for instance. - Franklin P. Jones THE CASE OF A.S. In December of 2007, A.S., a 17 year old female, was subpoenaed to testify as a state’s witness in a case against a man accused of assaulting another woman. When she failed to respond to the subpoena and did not appear at trial[1], St. Mary’s Circuit Court Judge C. Clarke Raley issued an order for her arrest. She was picked up by patrol officers on New Year’s Eve, and appeared before a different judge, who subsequently released her on her own recognizance. On January 9, 2008, Judge Raley issued another order, this time finding her in direct criminal contempt for her previous failure to appear as a witness, and summarily sentenced her to 30 days in the St. Mary’s County Detention Facility, the county’s general population prison for adult criminal offenders. A.S. was jailed in the detention center among the adult population; public defenders appealed to the judge on her behalf, claiming that her imprisonment was in violation of the Juvenile Justice and Delinquency Prevention Act[2]. Judge Raley was not compelled by the argument, stating that she A.S. “was not best served by guidance, treatment or rehabilitation [in a juvenile facility], but by a brief exposure to the St. Mary’s County Detention Center, where she would have the opportunity [to] learn the consequences of disobeying a clear and direct order of this court.”[3] Ultimately, Judge Raley would relent., however, and ultimately...
Words: 11415 - Pages: 46
...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...
Words: 1353 - Pages: 6
...Distinguish between the role of Criminal Law and Civil Law in relation to the English Legal System and analyze the purpose the law is attempting to serve in this area. Nowadays, law is very important for every country all over the world. It is known as a system of rules, which every people have to obey that. The Legal system of England gets two main categories: criminal law and civil law. Firstly, Criminal law is one of the two main things of the legal system of England, which is public. Criminal law is the rule for every people who are states and citizens. The government enforces criminal law. ‘Criminal law is concerned with product of which the state disapproves so strongly that it will punish the wrongdoer’ (1, Marsh and Soulsby, 2002). This system was made for criminal or those who are suspected of committing offences. Besides that, the role of criminal law is very important. It has two main important functions. The first function is about protecting citizen. Criminal law is to maintain the social order by protecting individuals from criminal harm. For example: criminal law is protecting people to avoid murder, theft, or arson. The second function protects people from harms in society such as: unsafe foods, pollution, unsafe buildings and sites (Dobson, 1997). Moreover, it maintains and teaches social values as well as social boundaries, for example: speed limits, traffic lights, seat belts, stop signs, and turning signal. Thus, criminal law makes sure that anyone who...
Words: 3022 - Pages: 13
...LP 2 Seminar Assessment: Dollar General Corp., et al. v. The Mississippi Band of Choctaw Indians, et al., No. 13-1496, U.S. Sup. Following the LA6100 course –Legal Environment for Global Organizations Anh Quoc Nguyen National American University Question 1: What are the questions the court is deciding in this case? First of all, there are multiple issues involved in this case which are as follows: • A fact that the tribal court had the power to exercise jurisdiction of the non-Indian, that met the first exemption noted in the case of Montana v United States, which allowed tribes to judge civil actions, not criminal, over non-Indian people on tribal land when the non-Indian entered into a consensual relationship with the tribe....
Words: 714 - Pages: 3
...Susongsha 1 1 Susongsha Shrestha Sherry Sharifian Govt 2305 February 11, 2018 Civil Rights and Civil Liberties According to Benzine, civil liberties are limitations placed on the government. They prohibit the government from carrying out activities that infringe people's freedom. The First Amendment provides freedom of religion and hinders government interference. In contrast, civil rights are restrictions on the powers of the majority. They prevent people from making decisions that benefit them at the expense of others. They are assurances of equal conditions by the government. They protect minorities from discrimination by the majorities. An example is same-sex marriages. It seems like a civil liberty issue except not all individuals can...
Words: 1342 - Pages: 6
...WHAT IS THE PLACE O F CORRECTIVE JUSTICE IN CRIMINAL JUSTICE? BY SIMON CONNELL* I. WHY ASK "WHAT IS THE PLACE OF CORRECTIVE JUSTICE IN CRIMINAL JUSTICE?" Traditionally, "justice" in criminal sentencing has been concerned with allowing society to respond to the offender's criminal wrongdoing by providing punishment, deterrence and denunciation. Corrective justice, the notion that a person who wrongfully harms someone else should put that harm right, has traditionally been associated with compensation and the civil law. Compensation has. increasingly become a function of the criminal law in New Zealand, bringing with it the philosophical baggage of corrective justice. A key part of the traditional notion of "justice" in criminal sentencing is that the offender's penalty should be proportional to their wrongdoing. This is refiected in the "totality principle": that the totality of the offender's penalty should refiect the totality of their wrongdoing.' For corrective justice to be done, the offender^ must provide compensation to the victim that makes up for the harm that has been caused, not compensation that is proportional to the offender's wrongdoing. However, a morally repugnant act can result in minimal loss, while a far less blameworthy act can result in catastrophic loss. As the Royal Commission of Inquiry into Personal Injury in New Zealand' puts it: "Reprehensible conduct can be followed by feather blows, while a moment's inadvertence could call down the heavens."...
Words: 6329 - Pages: 26
...Business Law I Word List Chapter 5: Constitutional Principles 1. U.S. Constitution 2. Bill of Rights 3. Federal codes/statutes 4. Separation of powers (see handout) 5. Checks and balances 6. Federalism 7. Anti-federalism 8. Commerce clause 9. Taxing Powers 10. Marbury v. Madision *** 11. Interstate commerce v. intrastate commerce 12. Heart of Atlanta Motel v. USA *** (1964),[1] [2] was a landmark United States Supreme Court case holding that the U.S. Congress could use the Constitution's Commerce Clause power to force private businesses to abide by the Civil Rights Act of 1964. This important case represented an immediate challenge to the Civil Rights Act of 1964, the landmark piece of civil rights legislation which represented the first comprehensive act by Congress on civil rights and race relations since the Civil Rights Act of 1875. For much of the 100 years preceding 1964, race relations in the United States had been dominated by segregation, a system of racial separation which, while in name providing for "separate but equal" treatment of both white and black Americans, in truth perpetuated inferior accommodation, services, and treatment for black Americans. 13. Police powers – 10th Amendment In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health...
Words: 618 - Pages: 3
