Chapter 6 Notes - 1

Chapter 6 Notes - 1 - Ch 6 Civil and Criminal Law...

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Ch. 6 Civil and Criminal Law Aggravated crime – involves a weapon Civil law spells out the duties that exist between persons or between persons and their governments, excluding the duty not to commit crimes Criminal law has to do with crime , a wrong against society proclaimed in a statue and, if committed, punishable by society through fines and/or imprisonment o In NJ: Only degrees (1 st , 2 nd , 3 rd ). Not split between felony/misdemeanor Difference between civil and criminal law Issue Civil Law Criminal Law Burden of proof Person who suffered harm Public official, state Wrongful act Causing harm to a person/property Violating statute that prohibits activity Standard of proof Preponderance of the evidence Beyond a reasonable doubt Verdict 3/4 Unanimous Remedy Damages Punishment Civil Liability for Criminal Acts o Some torts, such as assault and battery, provide a basis for criminal as well as tort action Criminal Liability Two elements must exist for a person to be convicted of a crime: o The performance of a prohibited act Actus Reus – a guilty (prohibited) act Commission (must do something) or omission (failing to perform legal duty) can result in crime o Intent (state of mind) on the part of the actor
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