conducting a hearing so the jury may not hear it) states “Hearing of jury. Hearing on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury.” (Smith) 4. Define burden of proof‚ burden of going forward‚ and burden of persuasion. Burden of proof: is the accuser’s job to prove beyond a reasonable doubt (in a criminal trial) or preponderance of the evidence (in Civil Matters) that a crime has been committed and that the accused did in fact commit said
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Media in court cases has many effects. One of which is the possibility that the Medias opinion may result in tainting the jury with unproven facts. As humans we make decisions based on how we perceive the world and the information we have on decision we are going to make. Pre-Trial Publicity “Due to extensive media coverage‚ jury selection in a high profile case can be extremely difficult. Jurors will likely have developed some biases about the case based on the media coverage to which they have
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CIVIL CASE AND CRIMINAL CASE Civil Cases A civil case begins when a person or entity (such as a corporation or the government)‚ called the plaintiff‚ claims that another person or entity (the defendant) has failed to carry out a legal duty owed to the plaintiff. Both the plaintiff and the defendant are also referred to as "parties" or "litigants." The plaintiff may ask the court to tell the defendant to fulfill the duty‚ or make compensation for the harm done‚ or both. Legal duties include respecting
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CIVIL AND CRIMINAL LAW [Your Name] [Professor Name] [Course Number & Course Name] [University/ College Name] Good day readers. Thru this essay‚ I will try to explain and point out the differences between Civil and Criminal Cases. The legal system used in the United States is based on common law and is divided into criminal law and civil law. The Civil law and Criminal law are two broad and separate entities of law with separate sets of laws and punishments‚ but a case can be heard
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Extract from the 3rd Edition of Lacey‚ Wells and Quick‚ Reconstructing Criminal Law (CUP 2003) Chapter 4 II.a.i. The History of Theft William Blackstone’s Commentaries‚ written in the middle of the eighteenth century‚ represent one of the first systematic expositions of the common law. His volume on criminal offences included a substantial section on ‘offences against private property’: William Blackstone‚ Commentaries on the Laws of England 1765 Vol. IV p.230 ’Simple larciny then is the ’felonious
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Law Opinion Paper Lisa Bryant CJS/220 The Court System August 25‚ 2013 Darren Brodsky Creation of the United States laws is a very intense process. The law begins as an idea that has been brought to attention. The idea then has to be sponsor as a bill‚ and assigned to a committee for studying. If the bill has been released it will be added to the calendar to be voted on. If the bill passes by the majority votes it will then be passed to the Senate. The bill then will be passed by both
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Drug Courts Elizabeth Johnson was a model student. She was characterized by her teachers as hardworking‚ driven‚ and goal oriented. After being placed on the honor roll and graduating early from Morris High School in Will County‚ Illinois‚ she attended Northern Illinois University to become a lawyer. Within her first year at college‚ her life derailed. She was caught by the police and arrested for possession of marijuana. Johnson was expecting to be placed in prison but she found herself in a drug
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FIRST CASE : Gray v Thames Trains Ltd and Another. This case is an appeal case. The plaintiff claim for compensation that he lost as a result of the PTSD. The claimant suffering ’Post Traumatic Stress Disorder ’ ("PTSD") following stress train crash. Effect of it‚ the claimant fatally stabbing a man. He pleading guilty to manslaughter by reason of diminished responsibility. Claimant commencing proceedings in negligence against first and second defendant‚ as operator of the train and as entity
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------------------------------------------------- Foss v Harbottle Foss v Harbottle (1843) 67 ER 189 is a leading English precedent in corporate law. In any action in which a wrong is alleged to have been done to a company‚ the proper claimant is the company itself. This is known as "the rule in Foss v Harbottle"‚ and the several important exceptions that have been developed are often described as "exceptions to the rule in Foss v Harbottle". Amongst these is the ’derivative action’‚ which allows
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Justice of the Supreme Court of the United States from 1800-1835. Marshall’s court opinions helped lay the basis for the United States constitutional law and made the Supreme Court of the United States an equal branch of government‚ along with legislative and executive branches. He had previously been a leader of the Federalist Party in Virginia and served in the United States House of Representatives from 199 to 1800. John Marshall’s court cases expanded the power of the court‚ solidified federalist
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