Term
| Name at least four ways in which civil law differs from criminal law. |
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Definition
| Burden of Proof, who “prosecutes” claims, names of who brings case, sanctions or relief given, judgments found. |
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Term
| When is the burden of proof “beyond a reasonable doubt” and when is it a “preponderance of the evidence”? What is the difference between them? |
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Definition
| Proof that is conclusive and complete that there are no reasonable doubts regarding the facts of case describe “beyond a reasonable doubt”. “Preponderance of the evidence” standard is understood to mean that the facts asserted are more likely to be true than not true. |
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Term
| In a civil case, if a jury is evenly split, leaning equally toward the plaintiff’s and the defendant’s views of the facts, who will win, the plaintiff or the defendant? Why? |
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Definition
| Plaintiff, Standard of proof is preponderance of the evidence. More than likely rather than not likely. |
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Term
| What two basic elements must be established for the government to prove the prima facie case in criminal case? |
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Definition
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Term
| Why can the same act constitute several different crimes? |
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Definition
| One crime can be considered murder, manslaughter, and different degrees to further categorize the specific intent behind the crime or defendant’s state of mind when crime was committed. |
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Term
| What are the two basic defenses to a criminal action? |
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Definition
| Justified and Negate (mens rea) |
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Term
| In a criminal case does the gov’t or the defendant present its case first? Why? |
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Definition
| Gov’t presents prima facie case first, presenting evidence of intent/behavior and the facts of the case, the defendant then has the right to rebuttal. |
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Term
| What is the general definition of a civil cause of action? |
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Definition
| Claim based on law/facts that are sufficient to demand judicial action. |
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Term
| In a civil case, does the plaintiff or the defendant present its case first? Why? |
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Definition
| Plaintiff presents argument and defendant replies. Plaintiff must bear the burden of proof- present evidence that supports the plaintiff’s case or prima facie to show cause of action. |
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Term
| What are the three types of damages available in a civil case? |
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Definition
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Term
| In addition to damages, what might a plaintiff seek in a civil case? |
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Definition
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Term
| What must be present for a contract to be valid? |
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Definition
| An offer, acceptance of the offer, and consideration. |
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Term
| What is the basic difference between a contract and a gift? |
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Definition
| The consideration is the basic difference between a gift and a contract. There is no consideration involving a gift. |
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Term
| What are the three main areas of tort law? |
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Definition
| Intentional, Negligent or Strict liability |
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Term
| Give the general definition of negligence and list the elements necessary to prove a prima facie case. |
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Definition
| Negligent- failure to act a reasonably prudent and careful person is expected to act under the circumstances (grocery store spill) |
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Term
| What are the main defenses to negligence? |
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Definition
| The two main affirmative defenses to negligence are Contributory Negligence and Assumption of Risk |
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Term
| What is the difference between substantive and procedural law? |
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Definition
| Substantive law creates rights and duties. Procedural law regulates how the legal system operates. |
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Term
| What is the function of a statute of limitations? |
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Definition
| The function of a statute of limitations are to protect defendants. |
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