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Unformatted text preview: Criminal law :- Civil law :- 1. Who brings the action? The litigation is always filed by the govt. --- who is called the prosecution/prosecutor or also we can say that government becomes the plaintiff in criminal law cases. In civil law, a private party (e.g. a corporation or individual person) files the lawsuit and becomes the plaintiff. 2. Difference in the notion of punishment Guilty defendant is punished by either: • By incarceration in jail term or prison • Fine paid to the govt. • Exceptional cases – death penalty • A defendant is never incarcerated and never executed. • Losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant’s behavior. 3. Burden of proof 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 The state must prove defendant’s participation in the crime was “beyond a reasonable doubt”. Difficult to put a numerical value on the term Beyond a Reasonable Doubt. Plaintiff wins if the evidence favors the plaintiff. Example:- if jury believes more than 50% probability that the defendant was negligent in causing the plaintiff’s injury, the plaintiff wins. Very low standard compared to criminal law i.e. even below “beyond a reasonable doubt”. It is much easier to prevail in civil actions than criminal. For example;- Some action that may considered battery in both civil and criminal case – it will be easier for plaintiff (government in criminal and private individual in civil) to win the case in civil than in criminal. Ignorance of the law is no excuse. Function of the law :- Law is order or pattern of rules that society uses to govern the conduct of individuals and their relationship. Law keeps society running smoothly and efficiently. We want to promote things that society thinks is acceptable and justice. Promote law and order and stability. Positive Law vs Equity :- Enacted and codified by governmental authority. Postive Law Equity 1. * King’s law * Historical perspective. Our laws are based on English law(though other Greek’s… etc.). * Henry the 8 th takes the church’s aspect of justice and combines with his power * church law *Exception to rules or laws. * In other words, we can say exception to positive laws. *Example :- Does company policy lays out everything or are there any exceptions to company policies i.e. equity. * Example of a student getting a “B” grade for 89.999999 instead of 90%. Under positive law it is B but under equity it may be an A. Example of : fire in the house and the rule of to be back home by 10:00 p.m. – positive law just the exception to the rule....
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This note was uploaded on 02/04/2011 for the course MGMT 354 taught by Professor Staff during the Spring '08 term at Purdue.
- Spring '08