How Does The Burden Of Proof Vary Between Civil And Criminal Cases
1. What are some of the sources of law?
a. Statutes are legislation passed by the legislature and signed by the president, often published in codes.
b. Case laws are interpreted statues by judges and published decisions of appellate courts.
c. Administrative laws are rules enforced by federal and states agencies in their respective areas of responsibility.
2. How does the burden of proof vary between civil and criminal cases? How do outcomes vary in civil and criminal cases?
a. In civil cases the plaintiff is only expected to meet a preponderance of the evidence, meaning more likely than not to be true, while in criminal cases the prosecutor is expected to provide evidence beyond a reasonable doubt.
b. Outcomes vary through liability …show more content…
The separation of powers is a safeguard against tyrannical absolute power. It creates a system of checks and balances as each branch has certain powers that cannot be shared by other branches. Each branch also have powers that can be used to “check” other branches and stop anything that might be seen as tyrannical.
4. List the three branches of government and explain their duties.
a. Judicial branch oversees the courts, and is responsible for fair administration of justice.
i. The Supreme Court is the highest level of this branch and is responsible for interpreting the constitution.
b. Executive branch is ran by the president (or governor on the state level) and is responsible for running the business of government and enforcing the law.
c. The legislative branch is responsible for creating laws through the two house United States Congress that enacted the legislation.
5. Give an example of an activity carried out by each of the three branches of government.
a. The United States Congress introduces a bill that elementary school students are required to be provided ice cream trucks during lunch time and it is passed in both houses.
b. The President decides to sign the bill turning it into a law and ensures that the department of ice cream consumption enforces …show more content…
Lastly, verdict is different as civil cases seeks to determine liability and so jurors decided if the defendant is liable or not liable and usually if found liable monetary damages are paid. In Criminal cases juror determine if the defendant is guilty or not guilty and if found guilty they could be sentenced to prison, death, and/or fined
8. What is case law? How is case law different from statutory law?
a. Case law is the published decision of a court (appellate status and higher) that has interpreted statutes and prior cases. For example Brown v. The Board of Education is a case law that made segregation in schools illegal on the federal level.
b. A case law differs from a statutory law because a statue is legislation created by the legislature while the case law is not legislation and is a law that derived from a court case not a bill.
9. Compare and contrast the rules of law versus the rules of morality.
a. Laws don’t always include morality. There are many things that many consider immoral but aren’t necessarily illegal. Law and morality tend to operate independently and have very little to do with each other. While some crimes that are considered to be immoral such as murder are illegal there are other concepts that are immoral that aren’t illegal such as being a bystander and doing nothing to stop a crime that you know is
a. Statutes are legislation passed by the legislature and signed by the president, often published in codes.
b. Case laws are interpreted statues by judges and published decisions of appellate courts.
c. Administrative laws are rules enforced by federal and states agencies in their respective areas of responsibility.
2. How does the burden of proof vary between civil and criminal cases? How do outcomes vary in civil and criminal cases?
a. In civil cases the plaintiff is only expected to meet a preponderance of the evidence, meaning more likely than not to be true, while in criminal cases the prosecutor is expected to provide evidence beyond a reasonable doubt.
b. Outcomes vary through liability …show more content…
The separation of powers is a safeguard against tyrannical absolute power. It creates a system of checks and balances as each branch has certain powers that cannot be shared by other branches. Each branch also have powers that can be used to “check” other branches and stop anything that might be seen as tyrannical.
4. List the three branches of government and explain their duties.
a. Judicial branch oversees the courts, and is responsible for fair administration of justice.
i. The Supreme Court is the highest level of this branch and is responsible for interpreting the constitution.
b. Executive branch is ran by the president (or governor on the state level) and is responsible for running the business of government and enforcing the law.
c. The legislative branch is responsible for creating laws through the two house United States Congress that enacted the legislation.
5. Give an example of an activity carried out by each of the three branches of government.
a. The United States Congress introduces a bill that elementary school students are required to be provided ice cream trucks during lunch time and it is passed in both houses.
b. The President decides to sign the bill turning it into a law and ensures that the department of ice cream consumption enforces …show more content…
Lastly, verdict is different as civil cases seeks to determine liability and so jurors decided if the defendant is liable or not liable and usually if found liable monetary damages are paid. In Criminal cases juror determine if the defendant is guilty or not guilty and if found guilty they could be sentenced to prison, death, and/or fined
8. What is case law? How is case law different from statutory law?
a. Case law is the published decision of a court (appellate status and higher) that has interpreted statutes and prior cases. For example Brown v. The Board of Education is a case law that made segregation in schools illegal on the federal level.
b. A case law differs from a statutory law because a statue is legislation created by the legislature while the case law is not legislation and is a law that derived from a court case not a bill.
9. Compare and contrast the rules of law versus the rules of morality.
a. Laws don’t always include morality. There are many things that many consider immoral but aren’t necessarily illegal. Law and morality tend to operate independently and have very little to do with each other. While some crimes that are considered to be immoral such as murder are illegal there are other concepts that are immoral that aren’t illegal such as being a bystander and doing nothing to stop a crime that you know is