Chapter 10
Issue
Civil Law
Criminal Law
Party who brings suit
The person who suffered harm
The state
Wrongful Act
Causing harm to a person or to a person’s property
Violating a statute that prohibits some type of activity
Burden of Proof
Preponderance of the evidence
Beyond a reasonable doubt
Verdict
Three-Fourths Majority (typically)
Unanimous (almost Always)
Remedy
Damages to compensate for the harm or a decree to achieve an equitable result
Punishment (fine, imprisonment, or death).
White Collar Crime- involves an illegal act or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage.
Embezzlement- mail and wire fraud, bribery, bankruptcy fraud, insider trading and the theft of intellectual property
Criminal Procedures- are designed to protect the constitutional rights of individuals and to prevent the arbitrary use of power on the part of the government.
1. The Fourth Amendment protection from unreasonable searches and seizures
2. The Fourth Amendment requirement that no warrant for a search or an arrest be issued without probable cause.
3. The Fifth Amendment requirement that no one be deprived of life liberty or property without due process of law.
4. The fifth amendment prohibition against double jeopardy (trying someone twice for the same criminal offense
5. The Fifth amendment requirement that no person be required to be a witness against (incriminate) himself or herself
6. The sixth amendment guarantees of a speedy trail, a trial by jury, a public trial, the right to confront witnesses, and the right to lawyer at various stages in some proceedings
7. The eighth amendment prohibitions against excessive bail and fines and against cruel and unusual punishment
Search warrant- an order from a judge or public official authorizing the search or seizure
Exclusionary rule- any evidence obtained in violation of the constitutional rights spelled out in the Fourth, Fifth, and Sixth Amendments generally is not admissible at
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