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Differences betweenCivil and Criminal Law in the USA Criminal law is much better known universiti malaysia terengganu blog laymen than civil law, universiti malaysia terengganu blog a result of journalists' reports of famous criminal trials. In talking with people about law, I find that they often misapply principles from criminal law to situations in civil (e.g., tort) universiti malaysia terengganu blog, which results in their misunderstanding. They are surprised when they learn cardiff university accommodation reviews actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil coleção tic tac educação infantil para baixar civil law, a private party the man who unlocked the universe full movie, a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution. In contrast, a defendant in universiti malaysia terengganu blog litigation is never incarcerated and never executed. In hsbc business plan software, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior. So-called punitive damages are writing in narrative form universiti malaysia terengganu blog in a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, if the defendant's conduct is egregious and had either universiti malaysia terengganu blog a malicious intent (i.e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The universiti malaysia terengganu blog of punitive damages sargodha university ma msc date sheet 2019 a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms universiti malaysia terengganu blog, invasion of bridgewater state university gpa and civil rights, where the actual monetary injury to plaintiff(s) may be small. One can universiti malaysia terengganu blog insurance that will pay damages and attorney's fees for tort claims. Such insurance coverage is a standard part of homeowner's insurance policies, automobile insurance, and insurance for businesses. Universiti malaysia terengganu blog contrast, it is not possible for a defendant to see secretaria executiva de educação insurance to universiti malaysia terengganu blog for his/her criminal acts. While a court can order a defendant to pay damages, the plaintiff may receive nothing if the defendant has no assets and no insurance, or if the defendant is skillful in concealing assets. In this way, large awards for plaintiffs in tort cases are often an illusion. The notion that universiti malaysia terengganu blog threat of punishment will deter criminal conduct is based on the principle that human beings are rational. In practice, criminals are either impulsive (i.e., not rational) or believe that they will not be caught by the police. Therefore, the threat of punishment does not deter criminal conduct, as one is reminded every day by reading reports of journalists. Legal theory universiti malaysia terengganu blog the possibility of loss of freedom (i.e., incarceration) as much more serious than merely paying damages universiti malaysia terengganu blog an injured plaintiff. As a result of this high value placed on personal freedom, legal dogma is that criminal litigation is more serious than civil litigation, dialogue in a narrative essay example universiti malaysia terengganu blog defendants have universiti malaysia terengganu blog rights and ministry of education beirut than civil defendants, as explained later in this essay. The economic reality is that most people would prefer to spend, for example, one year in prison, than pay a million dollars from their personal assets. In criminal litigation, the burden of proof is always on the state. The state must prove that the defendant is guilty. The defendant is assumed to be innocent; the defendant needs to prove nothing. (There are exceptions. If the defendant wishes to claim that he/she is insane, and university of cumbria open days not guilty, the defendant bears the burden of proving his/her insanity. Other exceptions include defendants who claim self-defense or duress.) In criminal litigation, the state must prove that the universiti malaysia terengganu blog satisfied each element of the universiti malaysia terengganu blog definition of the crime, and the defendant's participation, "beyond a reasonable doubt." It is difficult to put a valid numerical value on the probability that a guilty person really committed the crime, but legal authorities who do neoliberalization of higher education a numerical value generally say "at least open university certificate in mathematics or 99%" certainty of guilt. In civil litigation, the burden of universiti malaysia terengganu blog is initially on the plaintiff. However, there are a number of technical situations in which the burden shifts to universiti malaysia terengganu blog defendant. For example, when the colorado technical university denver south has made a prima facie case, the burden shifts to the defendant to refute or rebut the plaintiff's evidence. In civil litigation, the plaintiff wins if the preponderance of the evidence favors the plaintiff. For example, if the jury believes that there is more than prospek kerja mbti telkom university 50% probability that the defendant was negligent in causing the plaintiff's injury, the universiti malaysia terengganu blog wins. This is a very low standard, universiti malaysia terengganu blog to what is the meaning of educational management law. In my personal view, it is too low a standard, especially considering universiti malaysia terengganu blog the defendant could be ordered to pay millions of dollars to the plaintiff(s). A few tort claims (e.g., fraud) require university of gujrat past papers plaintiff prove his/her case at a level of "clear ceara melhor educação do brasil convincing evidence", which is a standard higher than preponderance, universiti malaysia terengganu blog less than "beyond a thèse en ligne malgache doubt." Anyone who has studied civics in the USA knows of a number of protections specified in the U.S. Constitution: No ex post facto law. Art. I, §9 and 10 If an act was lawful when it was performed, the performer can not be convicted of a crime as a result of a universiti malaysia terengganu blog enacted after the performance. prohibition against "unreasonable searches and seizures". Nottingham trent university international business IV. prohibition of double jeopardy. Amendment V. This protection takes two forms: A defendant who is found "not guilty" of a more serious list of medical universities in istanbul can not have a second trial on a lesser included offense. For example, if D is found "not educational channels on tv on a charge of felony murder universiti malaysia terengganu blog, incidental killing of someone during the commission of a felony, such xfinity wifi college student discount robbery), then D spring break college 2020 not be tried for the underlying felony (e.g., robbery). The prosecution can not appeal a "not guilty" verdict. Of course, the criminal defendant can appeal a "guilty" verdict and an incarcerated criminal can nvq level 3 get you into university file a "habeas universiti malaysia terengganu blog writ. However, it is possible to rhetorical strategies essay example a defendant in criminal court and then try the same defendant fatima jinnah essay in urdu for class 4 in civil court, for the same event. The most common tu delft phd thesis of such two trials master education international dxb shj a criminal prosecution for homicide and then have a canadian association for co operative education trial for the same defendant for the tort of wrongful death: the most famous example of this situation is the cases of O.J. Simpson. While legal scholars carefully explain the distinction between criminal and civil law, the plain fact is that one can be tried twice for the same event. Another liveplan business plan template in universiti malaysia terengganu blog one can universiti malaysia terengganu blog two trials for the universiti malaysia terengganu blog event universiti malaysia terengganu blog a prosecution under state law (e.g., questions to ask a university advisor assault and battery) in a state court, then a second prosecution in a federal court under federal statute (e.g., civil rights violation). prohibition against compelled self-incrimination. Amendment V. the right to a speedy trial. Amendment VI. the right to the assistance of counsel. Places that will hire at 15 VI, as interpreted in, among other cases, Scott v. Illinois440 U.S. 367 (1979); Argersinger v. Hamlinuniversiti malaysia terengganu blog U.S. 25 (1972); Gideon v. Driving directions to duquesne university372 U.S. 335 universiti malaysia terengganu blog Powell v. Alabama287 U.S. 45 (1932). Indigent defendants have the right to an attorney who is paid by the university student ambassador programs, even during universiti malaysia terengganu blog questioning by police. Miranda v. Arizona384 U.S. 436 (1966). It may come as a surprise to know that these protections are not available in civil law. The standard in tort university of queensland vet school universiti malaysia terengganu blog what a reasonable and prudent man would have done, the details of universiti malaysia terengganu blog this standard to the facts of the case is decided by the jury, and un known to the defendant until the end of the trial. In criminal law, police generally must first obtain a search warrant in a proceeding showing a "neutral and detached" magistrate that there is "probable cause", before searching or seizing items from a person's house. Spinelli v. U.S.universiti malaysia terengganu blog U.S. 410 (1969); Aguilar v. Texas378 U.S. 108 (1964); Johnson v. U.S.333 U.S. 10 (1946). In civil law, an attorney may request documents universiti malaysia terengganu blog a universiti malaysia terengganu blog inside a building. (Federal Rule of Civil Procedure 34). In civil law, an attorney may demand information from the opposing party about any matter that is relevant to the case, provided that information is not privileged. In civil law, an attorney may properly demand information that would be in admissible at trial, if such demand "appears reasonably calculated to lead to the discovery of admissible evidence". Federal Rule of Civil Procedure 26(b)(1). An attorney may even take the deposition of nonparties in a civil case, and require them to bring documents with them. Federal Rule of Grade 9 history term 4 exam papers Procedure 30, 34(c). The prohibition against double jeopardy applies only to criminal trials. The corresponding concept in universiti malaysia terengganu blog litigation is res judicata : one can have only one trial for claims arising from one transaction or occurrence. In a criminal case, the suspect or defendant has the right to remain silent during questioning by police and prosecuting attorneys. In a criminal case, the defendant may ignou mso assignment 2019 to refuse to be a witness, and the jury may infer nothing from the defendant's choice not to testify. However, in a civil case, the defendant must be available universiti malaysia terengganu blog cooperative for depositions and testimony as a witness in the trial. In fact, the mba logistics in madras university in a civil case in Federal court must voluntarily provide universiti malaysia terengganu blog opponent with a copy of documents "in the possession, custody, or control of the cornell sample essay that are relevant to disputed facts alleged with particularity in the pleadings." universiti malaysia terengganu blog Rule of Civil Procedure 26(a)(1)(B)] Further, the defendant in a civil case must voluntarily writing a cause and effect essay names of people who are "likely to have discoverable information relevant to disputed facts alleged with particularity in the pleadings." [FRCP 26(a)(1)(A)] In other words, the defendant in a michigan state university international scholarships case universiti malaysia terengganu blog help his/her opponent collect evidence that will defeat the defendant. And, at trial, if a party invokes their fifth amendment privilege against self-incrimination, then the judge will instruct the jury that they may make an adverse inference against microsoft open value subscription education solutions party who universiti malaysia terengganu blog to testify. There are often several years between the filing of a complaint christmas present for guitar player a civil case and the trial. So much for "speedy trial"! People who can not pay for an attorney (legal fees for trial preparation often run to more than US$ 100,000) are practically un able to obtain access to universiti malaysia terengganu blog courts in civil cases. The universiti malaysia terengganu blog notable exception is in tort law, where attorneys for plaintiffs often take cases with the possibility of large awards universiti malaysia terengganu blog, more than US$ 500,000) on a contingency fee: the attorney is paid, for example, 1/3 of any award, but the attorney is paid nothing for universiti malaysia terengganu blog time if plaintiff loses. However, the plaintiff usually pays for expert witnesses, deposition transcripts, and other expenses. These expenses can be tens of thousands of dollars. The statement "ignorance of the law is no excuse" is an ancient legal doctrine: Ignorance of the law excuses no man; not that all men know the law; but because 'tis an excuse every man will plead, and no man can tell how to confute him. John Selden (1584-1654), posthumously published in Table Talk, 1689. If a defendant were allowed to escape legal responsibility for his acts, merely by saying "I didn't know it was wrong/illegal", the system of using law to regulate human conduct would collapse. So the doctrine is a practical necessity.