Difference between Civil and Criminal law in India
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Civil cases involve private disputes between individuals, where one individual sues another for compensation or damages from a civil wrong like breach of contract or negligence. Criminal cases involve crimes against society, where the state prosecutes the accused for crimes like murder. The key differences are: 1) Civil cases involve private disputes between individuals, while criminal cases involve crimes against society prosecuted by the state; 2) The goal of civil cases is monetary compensation, while criminal cases seek punishment like jail time; 3) In civil cases the burden of proof shifts between plaintiff and defendant, while in criminal cases the prosecution has the full burden to prove guilt beyond a reasonable doubt.
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The Muslim Criminal Law was the law of the land during Mughal rule in India, but the British found it had defects that did not align with Western notions of justice. While initially allowing it to continue, the British began affecting modifications using their regulatory powers as the law was no longer suitable. The Muslim law classified crimes and punishments broadly but was criticized for uncertainties, obsolete concepts, and lack of emphasis on women's testimony. Major reforms began in 1790 under Cornwallis to systematically modify the substantive law and legal procedures to address the defects and modernize the criminal justice system.
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150 words replay to each questionsQ 1. Discuss the prim.docx
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Q 1.
Discuss the primary differences between civil litigation and criminal prosecution
.
The main differences between the two listed above is that civil litigation is a civilian case that involves the courts, but the Plaintiff is requesting the courts to provide some type remedy for their suffering or type of pain. (Storm, 2012) Think of it as I want money for what this person just put me through. In Civil litigation the Plaintiff is the injured party suing the Defendant. (Storm, 2012)
As for Criminal prosecution is legal action brought on by the state or federal government. (Storm, 2012) Easy way to think of it is you’ve committed a crime at the State/Federal level, and they are charging you with a crime. In criminal prosecution the Government is the plaintiff and the defendant are the ones that has committed the so-called crime or broken the criminal statute of sed Government.
Why are criminal defendants given more rights than civil litigants? Provide some examples of the rights afforded to criminal defendants.
Criminal Defendants are afforded more right because of the act they’ve committed can be considered breaking a law/statute and the state is taking action on behalf of the people. A criminal defendant will have the right to defend his/hers rights because the constitution allows him to in many different ways. (Storm, 2012) First we have Article 1, Section 10 which protects the Criminal Defendants from Ex post facto laws and Bills of Attainder. Fourth, Fifth, Sixth, eighth, Fourteenth Amendment Rights followed by Federal and State Constitutional rights in Court. (Larson, 2018)
Ex post facto law is a law that is passed because of a crime so that the government can prosecute sed person later. (Larson, 2018) An essay example of the above is talked about in the lesson if murder is defined as any living human being born alive and change the law to included unborn fetus, while on trial is consider breaking the above law.
Bills of Attainder is when the Legislative branch of the government punishes the defendant without a trial. (Storm, 2012) Is easy to comprehend let’s say I’m part of a political party but some statue is passed preventing me from being hired because of sed statue makes it the above law.
Fourth amendment protects us from unreasonable search and seizure and warrant requirements. (Larson, 2018) The Amendment protects you from evidence that was collected illegally of by means without a search warrant when one was required. Perfect example of this is the New England Patriots Owner has been implicated in a charge but with everything I’ve heard the warrant used was not legal to the extent that the local police unit used Hence a lot of the evidence may not be used.
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1) The prosecution has the initial burden to establish a prima facie case and prove the accused's guilt beyond a reasonable doubt.
2) The accused has a legal burden to prove defenses, like alibi, once the prosecution has provided evidence of guilt. The accused must cast doubt on the prosecution's case to be acquitted.
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2) For an offense to qualify as murder, the death must be caused unlawfully with the intention to kill or cause serious injury that could likely cause death, or with the knowledge that the act could immediately cause death or serious injury.
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Actus reus new
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The document discusses the concept of mens rea, or guilty mind, in criminal law. It explains that mens rea is a required element for common law crimes but not always for statutory offenses created by legislation. The document analyzes two key cases - R v. Prince, which established that ignorance of a girl's age was not a defense to kidnapping, and R v. Tolson, where a woman's reasonable belief that her husband had died was found to be a defense against the charge of bigamy. The document concludes that whether mens rea is required for a statutory offense depends on the wording and intent of the specific statute.
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Similar to Difference between Civil and Criminal law in India
150 words replay to each questionsQ 1. Discuss the prim.docx
150 words replay to each questions
Q 1.
Discuss the primary differences between civil litigation and criminal prosecution
.
The main differences between the two listed above is that civil litigation is a civilian case that involves the courts, but the Plaintiff is requesting the courts to provide some type remedy for their suffering or type of pain. (Storm, 2012) Think of it as I want money for what this person just put me through. In Civil litigation the Plaintiff is the injured party suing the Defendant. (Storm, 2012)
As for Criminal prosecution is legal action brought on by the state or federal government. (Storm, 2012) Easy way to think of it is you’ve committed a crime at the State/Federal level, and they are charging you with a crime. In criminal prosecution the Government is the plaintiff and the defendant are the ones that has committed the so-called crime or broken the criminal statute of sed Government.
Why are criminal defendants given more rights than civil litigants? Provide some examples of the rights afforded to criminal defendants.
Criminal Defendants are afforded more right because of the act they’ve committed can be considered breaking a law/statute and the state is taking action on behalf of the people. A criminal defendant will have the right to defend his/hers rights because the constitution allows him to in many different ways. (Storm, 2012) First we have Article 1, Section 10 which protects the Criminal Defendants from Ex post facto laws and Bills of Attainder. Fourth, Fifth, Sixth, eighth, Fourteenth Amendment Rights followed by Federal and State Constitutional rights in Court. (Larson, 2018)
Ex post facto law is a law that is passed because of a crime so that the government can prosecute sed person later. (Larson, 2018) An essay example of the above is talked about in the lesson if murder is defined as any living human being born alive and change the law to included unborn fetus, while on trial is consider breaking the above law.
Bills of Attainder is when the Legislative branch of the government punishes the defendant without a trial. (Storm, 2012) Is easy to comprehend let’s say I’m part of a political party but some statue is passed preventing me from being hired because of sed statue makes it the above law.
Fourth amendment protects us from unreasonable search and seizure and warrant requirements. (Larson, 2018) The Amendment protects you from evidence that was collected illegally of by means without a search warrant when one was required. Perfect example of this is the New England Patriots Owner has been implicated in a charge but with everything I’ve heard the warrant used was not legal to the extent that the local police unit used Hence a lot of the evidence may not be used.
Fifth Amendment protects you from Double Jeopardy, the right to remain silent, Due process of law and Miranda rights. (Storm, 2012) (Larson, 2018)
Sixth amendment controls the rolls of Criminal Prosecutions that affo.
Legal Burden of Accused in Criminal Cases
The document discusses the burden of proof in criminal cases. It states that the prosecution primarily has the legal burden to prove the accused's guilt. The accused has a legal burden to prove defenses. Specifically:
1) The prosecution has the initial burden to establish a prima facie case and prove the accused's guilt beyond a reasonable doubt.
2) The accused has a legal burden to prove defenses, like alibi, once the prosecution has provided evidence of guilt. The accused must cast doubt on the prosecution's case to be acquitted.
3) The accused does not have to prove defenses beyond a reasonable doubt, but rather on a balance of probabilities or by raising reasonable doubt.
Classmate’s Posts (DB4). (Needs just like some comments) .docx
Classmate’s Posts (DB4).
(Needs just like some comments)
Robert Dlugaszewski
1) Criminal laws are the laws that define wrongs against a society and civil laws are laws that
define the rights of one person against another (Textbook, Glossary) and in the criminal case
against OJ Simpson the verdict of not guilty came from the jury that had to all agree on a verdict
and the facts presented in the case that there was reasonable doubt about the DNA evidence
and the alleged misconduct by the LAPD were enough to push the jury toward a not guilty
verdict. Where as in the civil case against OJ Simpson the jury finds Simpson liable for the
murders based on the same facts presented in the previous trial but in a civil case the majority
vote gets the verdict and in this case they deemed his reasoning of alleged misconduct by the
LAPD inflammatory and speculative.
2) In the Criminal case for OJ Simpson it was the People of the State of California and in the
civil case for OJ Simpson it was the families of the victims, Nicole Brown Simpson and Ronald
L. Goldman.
3) Just like in the OJ Simpson case even though someone is acquitted of a crime doesn't mean
that they didn't commit the crime it's just that the evidence wasn't substantial enough to prove
the defendant not guilty, that the evidence was obtained illegally, and the list goes on about
ways that guilty people get away with things based on legal rights or even in some cases just
luck, but either way they should be held liable in a civil case so that when they do "get away with
murder" the parties affected by these actions can get compensation for their troubles.
Sina Abbasi Kammasai
The differences between the two cases impacted the verdicts for many reasons. First one being in the
criminal trial OJ wasn’t required to testify, so he decided not to, but in the civil trial he was required to
testify because of the plaintiffs’ option which forces him to testify. Another difference between the two was
that in the criminal trial a conviction for OJ required a finding that he committed the murder beyond any
reasonable doubt whereas in the civil case and a guilty verdict for OJ only required 9 out of 12 votes and
“the basic legal standard being that in all probability Mr. Simpson committed the slayings” the keyword
being probability.
The party in the criminal case against OJ was the state of California which was charging OJ for the
murders of Nicole Brown and her friend Ron Goldman, the reason the state was the party involved in the
criminal case is because as stated in the textbook, “A crime is a wrong of such serious nature that the
appropriate level of government steps in to prosecute and punish the wrongdoer to deter others from
engaging in the same type of conduct”. (Textbook, pg.132, para 8-1b). The parties that were against OJ in
the civil case were the families of Nicole Brown and Ron Goldman, they had the right to sue civilly
because when the act th.
Intoxication
1. The document discusses the role of intoxication as a defense in criminal cases. Intoxication is not a true defense but is sometimes argued to negate intent.
2. It notes that over 1 million violent crimes in the UK in 2006-2007 involved an intoxicated defendant or victim. The cost of alcohol-related crime is estimated at £7.3 billion.
3. The document examines cases related to whether intoxication can negate intent for specific intent crimes versus basic intent crimes. It also considers involuntary intoxication and intoxicated mistakes in judgments of fact.
150 words agree or dis agree to each question Q1.Good even.docx
Crimes involving conspiracy require proving specific intent. Specific intent means the defendant intended for a prohibited result to occur beyond just committing the illegal act. To prove conspiracy, the prosecution must show the defendant intended to agree with others to commit an illegal act, and intended for the planned illegal act to actually take place. General intent alone is not enough for conspiracy charges.
sixth circuit updated
The document summarizes the author's experience arguing a civil rights case before the en banc 6th Circuit Court of Appeals. It describes how the three-judge panel had initially ruled in the author's favor, but then an en banc rehearing was granted. At the rehearing, the 13 judges engaged in a lively debate where some signaled a willingness to overturn the circuit's precedent in the area. Ultimately, the en banc panel reversed the prior precedent in a 7-6 decision along partisan lines, with the judges appointed by Democratic presidents ruling in the author's favor.
Trial procedures
The document outlines the typical criminal trial process from arrest through appeal. It begins with an arrest, followed by booking and bail being set. The defendant then has an arraignment where they learn the charges and enter a plea. Next steps include preliminary hearings, grand jury proceedings, plea bargaining or preparation for trial. The process concludes with a jury verdict, sentencing, and the option to appeal the verdict.
Mechanics2013 14
Here is my analysis of whether the precedent would be bound in this scenario:
Bound - The precedent set in 1951 by the High Court would be binding on the High Court in 2008 as it is a court lower in the hierarchy considering a precedent set by a court higher in the hierarchy on the same level of court. The High Court in 2008 would be obliged to follow the precedent set by the High Court in 1951 unless it could be distinguished.
This illustrates the principle of binding precedent between courts at the same level, where a court must follow a precedent set by a higher court in the same jurisdiction, as discussed in the source material.
non actus.pptx
This document discusses the legal doctrine of novus actus interveniens. It begins with an introduction to causation and how an intervening act can break the chain of causation between the original wrongful act and the resulting harm. It then explains the concepts of factual causation, using the "but for" test, and legal causation. Novus actus interveniens refers to a new and independent act that occurs after the original act and contributes to the harm. For an intervening act to absolve or limit liability, it must not be reasonably foreseeable and must be the actual cause of the harm. The document provides examples and essential elements to understand this doctrine.
Torts
A crime is a legal wrong against society. When a crime occurs, criminal law procedures are followed - criminals are arrested, prosecuted, and punished by government officials through the criminal justice system. However, crimes can also be civil wrongs or torts, allowing victims to sue criminals for financial damages through the civil justice system in order to be compensated for their losses. For example, if someone dumps toxic waste on your property, you could sue them in civil court for medical costs and suffering, even after they have been prosecuted criminally.
Ehsan Kabir Solicitor | Laws usually reflect societies values
Ehsan Kabir Solicitor is telling the Laws usually reflect societies values. Ehsan Kabir has past experience in dealing with civil litigation and advising on complex matters.
Involuntary Manslaughter
The document discusses the key elements of involuntary manslaughter, including gross negligence and constructive act manslaughter. It provides examples of cases and asks questions to test the reader's understanding of distinguishing between constructive acts, gross negligence, duties of care, breaches that cause death, and what constitutes grossly negligent actions. It aims to consolidate knowledge of this area of criminal law.
LAWS1100 Nickolas James Business law 4_e_----_(chapter_5_deliberately_causing...
The document discusses the legal consequences of deliberately or negligently causing harm to others. It addresses four types of legal liability that can arise: criminal, tortious, contractual, and statutory. Criminal liability may result in prosecution and punishment, while tortious, contractual, and statutory liability relate to civil wrongs and provide remedies for victims. The document also discusses when a person can be held vicariously liable for the harmful actions of others, such as an employer for an employee. It examines these concepts in the context of a scenario where an assistant restaurant manager punches a customer, creating potential legal issues for the restaurant owner.
3 Roles of State's Attorney
The three main roles of a State's Attorney are:
1. Criminal prosecution - filing criminal charges on behalf of the state against individuals who commit crimes.
2. Legal advisor - providing legal advice to various state and local government agencies.
3. Debt collector and civil prosecutor - representing the state in attempts to collect debts owed to the state, such as unpaid taxes, and suing contractors who do not fulfill their obligations.
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Difference between Civil and Criminal law in India
- 1. Difference between Civil and Criminal Law FOR UPSC/IAS EXAM
- 2. PHILOSOPHY OF LAW A crime is considered as the crime against the entire society where as a civil wrong is a wrong vis - a -vis another individual.
- 3. Civil case - Illustration A sells inferior quality goods to B. This is a wrong against B. B can sue A for compensation. B will do so personally with the help of his own lawyer. This will be a civil suit.
- 4. Criminal case - Illustraion A murders B.
- 5. Crime is against the entire society Criminal Law: Never against just the victim. So, there will be a police investigation. It will be the Prosecutor (The government) which will charge the Accused and the victim shall not get to appoint a lawyer of his choice. It will be the government's lawyer who will fight it.
- 6. The name of the case itself will give you a clue. A civil case will be - Mr. A v/s Mr. B. A criminal case will necessarily be- State of Maharashtra v/s Ajmal Kasab. So, the reason why 'State of Maharashtra' comes into picture is because a crime is always considered as a crime against the entire society. (There are private criminal cases too. But let’s not make it complicated)
- 7. Punishment / Compensation Yes, you know this already. The prayer of a civil case may be monetary compensation or other things. But not a jail term. The prayer of a criminal case would be a jail term/ punishment.
- 8. Burden of Proof Burden of proof is the obligation to prove in the court of law. A general principal of evidence law is 'you will have to prove whatever you allege'. So, whoever says whatever, will have to prove it.
- 9. Burden of Proof in Civil Cases In a civil case, the burden keeps of shifting. For instance - A sues B for breach of contract. A's burden is to prove how B breached the contract. Once A presents his case, the burden will shift to B to show how he didn't breach the contract. So, the burden shifts.
- 10. Burden of Proof in Criminal Cases In a criminal case, the entire burden to prove beyond all reasonable doubts that the Accused has committed the crime rests on the Prosecution. The accused is presumed innocent until proven guilty. If there is a benefit of doubt, that will always be extended to the Accused.