Civil Court * Law suit individual vs individual * Purpose is to ask for damages * By a preponderance of the evidence (more evidence then other ) 51% Criminal Court * State brings law suit against individual * Purpose to punish‚ revenge‚ “rehabilitate” * Beyond reasonable doubt Burdon of proof – amount of evidence Plaintiff- party bringing civil suit Pro – state bringing chargers against an individual Cause of action- reason for your law suite
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IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Case No. 81-1505 Transamerica Oil Corporation‚ Plaintiff-Appellee‚ v. Lynes‚ Inc. and Baker International Corporation‚ Defendants-Appellants. 723F.2d 758; 1983 U.S. App. LEXIS 14288; 37 U.C.C. Rep. Serv. (Callaghan) 1076 ------------------------------------------------- December 21‚ 1983 PROCEDURAL POSTURE Plaintiff brought suit under the Kansas Uniform Commercial Code (UCC) to recover damages resulting from the breach of an
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for every lawsuit arises from the breach of a duty of one form or another. In our society‚ everyone owes a duty not to cause injury to others‚ either negligently or with intent. If one breaches his duty to another‚ he may be liable in either a civil court or‚ if the duty is serious enough‚ in criminal court. Not all duties‚ however‚ give rise to a cause of action. For example‚ if Billy promises Sue they will marry on June 4th and gets cold feet at the last moment‚ our courts
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Criminal laws are a protection of society‚ and the violation of criminal laws results in penalties to the violator such as fines or imprisonment. correct True Criminal laws are a protection of society‚ and the violation of criminal laws results in penalties to the violator such as fines or imprisonment. 2 Which equitable maxim favors those who exercise caution in pursuing their claims and disfavors those who rest on their legal rights by failing to act to protect their rights in a reasonable period
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CIP3701/105/1/2013 Tutorial letter 105/1/2013 Civil Procedure – Module 2 CIP3701 Semester 1 Department of Criminal and Procedural Law IMPORTANT INFORMATION: This tutorial letter contains important information about your module. Dear Student This tutorial letter comprises the following: 1 2 3 4 5 6 INTRODUCTION TUTORIAL LETTERS COMPOSITION OF THE MAY 2013 EXAMINATION PAPER STUDYING AND PREPARATION FOR THE EXAMINATION CONTACT WITH THE LECTURERS CONCLUDING REMARKS ANNEXURE A: SAMPLE
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ESTAFA G.R. No. 162059 January 22‚ 2008 HANNAH EUNICE D. SERANA‚ petitioner‚ vs. SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES‚ respondents. D E C I S I O N REYES‚ R.T.‚ J.: CAN the Sandiganbayan try a government scholaran** accused‚ along with her brother‚ of swindling government funds? MAAARI bang litisin ng Sandiganbayan ang isang iskolar ng bayan‚ at ang kanyang kapatid‚ na kapwa pinararatangan ng estafa ng pera ng bayan? The jurisdictional question is posed in this petition for
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horrible record of discovery abuses” and his “abiding contempt and continuing disregard for the court’s orders‚” the lower court properly exercised its discretion in entering a default judgment against the defendant. REASON: The Federal Rule of Civil Procedure 37 allows the district court to enter a default judgment against a party who fails to comply with an order demanding discovery. In addition‚ the district court must
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WIGBERTO VAZQUEZ Introduction to Law and the Legal System POL-123-CL03 Instructor: Beth Vivaldi Carter K. Libbey v. State Farm Mutual Automobile Insurance Company CDV-03-535 First Judicial District Court of Montana‚ Lewis and Clark County March 14‚ 2005 ■ Procedural History Carter K. Libbey brought this case to court to exclude the defendant’s witness Allan F. Tencer‚ Ph.D.‚ and any exhibits that he had from testifying because his defendant didn’t comply
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December 2012 GCL Solved Paper 1. (a) Freedom of trade and profession is provided under Article 19 (1) (g) of the Constitution of India. This gives the citizens the right to pursue any trade‚ profession‚ business or occupation in any place within India. This right is‚ however‚ not absolute. It can be restricted by the State in the following cases – - When the State feels it is essential to do so in the public interest. - When it is felt that there should be some basic qualifications for
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Course Hero has millions of student submitted documents similar to the one below including study guides‚ practice problems‚ reference materials‚ practice exams‚ textbook help and tutor support. 3 Courts‚ CHAPTER Sources of Law‚ and Dispute Resolution TRUE-FALSE QUESTIONS 1. Federal judges are appointed for life. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 2. Court opinions are published in collections of court opinions called reporters. ANSWER: True SKILL LEVEL: AACSB Analytic
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