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EXAM 1 REVIEW BUL 4321 CHAP 9, 37, 36, 27, 40 with verified solutions.
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EXAM 1 REVIEW BUL 4321 CHAP 9, 37, 36, 27, 40 with verified solutions.
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EXAM 1 REVIEW BUL 4321CHAP 9, 37, 36, 27, 40 with
verified solutions
Civil Law
Citizen versus citizen
Need to compensate a victime
EX: torts (your negligent) you go through a stop sign and hit
someone
Standard of proof: just the preponderance of the evidence more
likely than not.
Criminal Law
Government versus you citizen. State versus the individual
when you violate some criminal statute or ordinance. You are
harming society in general not a particular person
EX: the OJ court case, accused of stabbing his wife and her friend to
death. the state went against him and he evaded all responsbility..
then the ex wife sued him in civil court to compensate the victim
and the wife ws dead and the parents got the compensation.
We have this law to set limits of what we can do, and what we
tolerate from each other as a society.
You have to be 99.99% sure beyond a citil of doubt because you
take their freedom away.
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Actus (thing) reus (mentality)
the Criminal act, a quity (prohibited)act.
Did you actually commit the crime?
Mens rea
, A wrongful mental state or intent
Recklessness :
Criminal Negligence: when a defedant takes an unjustified,
substantial, and forseeable risk that results in harm
ok, did you have the intent to intent to do it? did you know what you
were doing and did you have the mental capticty for it? insanity
defence.
UNDER INTENT = recklessness
Recklessness
gross negligence): when a defandant consciously disregards a
substantial and unjustifiable risk
UNDER INTENT = recklessness
EX: i go in my car and get on the turnpike and put a blindfold over
my eyes. i might kill someone. this is a conscious disregard of my
actions.
Consitutional protections for criminals
1. ex post facto
2. 4th amedment
Ex post facto
You cannot be convicted of a crime when it wasnt a crime when you
committed the act. of the US consituttion
4th amendment
protects against unreasonable searches and seizerues by the
government. and we are protected by arbituarty and intrustive
searches.
It only applies to the governemnt, not your employer. We balance an
indiviaudsl expectation of privacy
4th amendment clause, probable clause: you need probable lause to
get a search warrant and you cannot deny a search warrant BUT
they are resrtricted by the 4th amendment. You do have to have
probable clause here, and you have to be SPECIIC like hwat are you
looking for and wehre are looking for it.
3 branches E J L
if there is a suspicion of a crime the executiev ebranch cannot barge
down your door, they have to get permission from the judicidal
branch of the government.
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