notes October 4 - October 4 2005 Agenda Recap Civil versus...

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October 4, 2005 Agenda: Recap Civil versus Criminal Law A Procedural Timeline for Civil Cases Bargaining in the Shadow of Adversarial Legalism: Settlement Worksheet Next Time: Wrap up civil litigation and begin A Civil Action Next week: Finish A Civil Action , Wrap Up Parts II and III The Following Week: TA Review Sessions and Mid-Term American A-L vs. German B-L Feature American A-L German B-L Juries Yes, but Yes, but Guilt + Sentencing Together No Yes Elaborate rules of evidence Yes No Legal Investigator(s) Parties and their lawyers (competing records) Court (single dossier) Incentives for Defendant participation No “Shut Your Mouth” Yes Prosecutor Discretion Broad have discretion to advocate, legislate, and use evidence to drive through litigation Limited Criminal versus Civil Law Criminal Law : involves the prohibition of certain conduct and the threat of punishment by the state . (E.g. murder, battery, drug possession, etc.) Civil Law : involves everything else, and typically, but not always, centers on compensation of the plaintiff .
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