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      • There are some circumstances when a case could be both civil and criminal. Possibly the most well-known example of a case that was tried both in criminal court and in a civil lawsuit is O.J. Simpson. O.J. Simpson was a Heisman-winning football player, sportscaster, and actor.
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  2. Criminal Law Outline - StuDocu › criminal-law-outline › 14086640

    Jul 24, 2021 · 1.) Bey ond a reasonable doubt - har dest to pr ov e/ highest st andard of bur den of pro of; prosecutions job t o prov e; 99% sur e, used in criminal law. a. In Re Wins hip: juvenile charg ed with adult crime of larce ny with use o f. preponder ance of the eviden ce; not right establi shed that pro secution must.

  3. Pima County Superior Court › default

    Jul 19, 2021 · The Arizona Superior Court in Pima County is comprised of 52 judicial officers that hear criminal, civil, family law, juvenile, and probate matters. The Court is led by a Presiding Judge and Associate Presiding Judge, both of whom oversee the entire court. The criminal, civil, family law, juvenile, and probate courts, also referred to as ...

  4. Torts and Contracts - LegalMatch Law Library › law-library › article
    • How Are Tort Law and Contract Law similar?
    • How Do Tort Law and Contract Law Differ from One another?
    • Can I File A Contract Claim and A Tort Claim in The Same Lawsuit?
    • Should I Hire An Attorney For My Contract and Tort Law Claim?

    As noted above, both tort law and contract law are both branches of civil law in which a civil wrong is committed by one person, which results in injury or property damage to another person. Additionally, both frequently involve monetary compensation being paid to the injured party. Simply put, both contract laws and tort laws are in place to address a breach of duty that results in an injured party. As mentioned above, in contract law, this breach is known as a breach of contract. It occurs when one party fails to adhere to their duties outlined in a contract. In tort law, a breach of duty involves the failure of one party’s duty to harm another. For example, the most common type of tort lawsuit is one that is based on a theory of negligence. In order to succeed in a lawsuit based on negligence, the injured party must prove that the defendant breached a duty of care owed to them, and that the breach was the cause of their injuries or losses.

    One major distinction between contract law and tort law lies in the issue of consent and agreement. As noted above, in order to recover in contract law, the injured party must show that there was a valid contract, and that the breaching party failed to meet their expectations under the contract. This means that in contract law, both parties knowingly entered into an agreement without coercion, consenting to both the contract and its outcomes. However, in tort law, the injured party is generally not a consenting party to the actions taken by the wrongdoer. Typically, torts occur by the intrusion of one party on another that results in some type of harm. Additionally, in the case of torts, the duty that is violated is a duty that is imposed by law and owed to everyone. Whereas, in contract law, the duty violated is fixed from the consent of the parties and is only owed to the parties mentioned in the contract. As for damages, in tort law, the measure for damages is not fixed or limite...

    Yes, it is possible to bring a civil lawsuit based upon a contract claim and a tort claim at the same time. There are cases in which a tort claim and contract claim will be included within the same lawsuit, such as cases where one party physically prevents the other party from performing their duties under a contract. However, due to the difference in the duties owed, the damages sought, and elements needed to prove a tort and contract claim, tort claims and contract claims are often brought separately.

    As can be seen, both tort law and contract law are expansive branches of civil law that cover many different types of injuries and violations. For this reason, both areas of law can be very complicated. Thus, if you are in a situation where you are dealing with issues regarding contract law, tort law, or both, it may be in your best interest to consult with a knowledgeable and well-qualified attorney. If you need assistance with tort law, an experienced personal injury lawyerin your area will be able to assist you with evaluating your claim, filing your claim, and representing you in court, if necessary. If you are involved in a breach of contract dispute, you should contact a well-qualified contract attorneyin your area. An experienced contract attorney will represent your best interests and help protect you from legal liabilities, help you recover for your losses, and even represent you in front of a court of law, if necessary.

    • Travis Peeler
  5. Laws on Child Abuse. What Constitutes Child Abuse? › abuse › child-abuse
    • Federal Laws About Child Abuse
    • State Laws Against Child Abuse
    • Penalties For Child Abusers

    The federal government defines the minimum that states must adhere to in terms of the laws against child abuse. Child abuse and child neglectare covered under the same laws. The laws on child abuse refer specifically to parents and other caregivers and defines "child" as a person under the age of 18 who is not an emancipated minor. The Federal Child Abuse Prevention and Treatment Act (CAPTA), (42 U.S.C.A. §5106g), as amended by the Keeping Children and Families Safe Act of 2003, defines child abuse and neglect as, at a minimum:1 1. "Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuseor exploitation; or 2. An act or failure to act which presents an imminent risk of serious harm." Further, laws on child abuse also state that sexual abuse is defined as: "the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sex...

    What constitutes child abuse varies, but many states further specify definitions for child physical abuse, emotional abuseand substance abuse and neglect laws. For example, substance abuse is an element of child abuse in many states. Circumstances that might be covered by these laws on child abuse include: 1. Prenatal exposure to illicit drugs or other substances 2. Manufacture of drugs in front of a child 3. Selling, distributing or giving drugs to a child 4. Using substances to the point of no longer being able to care for a child State laws often contain exemptions for religious activities such as a Christian Scientist refusing to get medical care for their child. States also commonly have laws about who must report child abuse. For example, in all states doctors, nurses and teachers much report any suspected child abuse. Unfortunately, although these laws exist, very few people are ever prosecuted for failing to disclose knowledge of child abuse.2

    Breaking a law on child abuse is typically considered a state matter, although in some cases federal jurisdiction is awarded. A child abuser is subject to both criminal and civil penalties. Penalties include: 1. Imprisonment 2. Fines 3. Registration as a sex offender 4. Restrictions on probation and parole 5. Injunctions 6. Involuntary commitment 7. Loss of custody or parental rights Some states have laws on child abuse that include the death penalty but likely these cannot be enforced due to a 2008 Supreme Court decision that prohibited execution of individuals convicted of child rape. Justice Anthony Kennedy penned that capital punishment should be reserved for "crimes that involve a victim's death."3 article references next: How to Report Child Abuse ~ all child abuse articles ~ all articles on abuse

  6. GENERAL ORDER NO. 1.2,2.3 - Municipal Department › Manage › Division-Orders

    Jul 21, 2021 · (e) Criminal Actions Heard. The Municipal Department hears criminal and quasi-criminal actions and prosecutions commenced by complaint or information except for those matters heard in the Domestic Violence Division. [Amended, effective April 19, 2010.] (f) Place of Filing-Criminal Proceedings (1) District 1.

  7. Insider Trading - The Legal and Illegal - › insider-trading
    • Insider Trading Definition
    • Legal Insider Trading
    • Illegal Insider Trading

    “Insider trading” is a term that most investors have heard and usually associate with illegal conduct. Recent government actions, including the criminal case against Martha Stewart have enforced that view. However, Martha Stewart was not convicted of insider trading, she was convicted for obstruction. There is no statutory definition of “insider trading”. As defined by the courts, it refers to purchasing or selling a security while in possession of material, non-public information concerning that security, where the information is obtained from a breach of fiduciary duty, or a duty arising from a relationship of trust or confidence. Obtaining the material information by way of a breach of duty or confidence is the key to the violation, but after decades of court rulings, it is almost impossible for a court to find that a duty was NOT breached in an insider trading case. Some duties are obvious – the CEO of the company, the CEO’s assistant, and every other employee owe a fiduciary du...

    However, the term “insider trading” also includes both legal conduct. The legal version is when corporate insiders, officers, directors, employees and large shareholders, buy and sell stock in their own companies. When corporate insiders trade in their own securities, they must report their trades to the SEC. Many investors and traders use this information to identify companies with investment potential, the theory being, if the insiders are buying the stock, they must know more about their company than everyone else, so it is a good idea to buy the stock. Reports of transactions by insiders are filed with the SEC on Forms 3, 4 and 5, and the SEC has an excellent overview of these forms and the requirements for filing of same. Most of the internet based financial quote sites have information for each particular security. Visit Yahoo Finance and select a security, then select the menu choice for Insider Transactions. Here is the insider trading pagefor Citigroup for an example.

    The insider trading definition that we are concerned about is the buying or selling of a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material, nonpublic information about the security. Over the last 10 years, the SEC and the courts have greatly expanded this definition, to include trading by individuals whose “relationship of trust” is so remote as to be non-existent, but that discussion is left for another day. While myself and most other securities attorneys believe that the concepts of insider trading have been expanded beyond all permissible bounds, the law today is that if material information about a company, or about the company’s stock, is obtained in violation of any duty to any person and used to trade, the trader is guilty of insider trading. Insider trading violations may also include “tipping” such information, securities trading by the person “tipped,” and securities trading by those who misappropriate s...

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