Burden of proof generally - Study guides, Class notes & Summaries

rime - any act or omission that violates a governmental entity's penal laws criminal justice system - the police, law enforcement officials, courts, probation officers, and jail and prison systems prison - removing people from their environment for rehabilitation - Deters people from doing things that would cause them to go to prison - Keeps victims and others safe from retribution felony - more serious crimes punishable by over a year misdemeanor - less serious crime, punishable by unde...

Differences between Property and Contract Rights? (2) - Answer-K rights are only enforceable against contracting parties. Property rights are enforceable against the world What concept is the basis for the idea of property rights? - Answer-Exclusion (the power to exclude) Can you occupy possessions? - Answer-Yes. The person who possess "the fox" occupies it Encumbrance - Answer-A burden or charge upon an estate or property, so that it cannot be disposed of without being subject to it. A n...

Green true 1. The notion of “open justice” establishes a protective function in respect of the fair-trial rights of the accused. 2. Open justice can be limited in cases where the accused is in danger of being exposed as a state informant. 3. The accused can testify by way of closed-circuit television in cases where an open trial may cause him or her emotional or physical harm. 4. Witnesses are protected in cases of sexual assault and extortion by way of the court’s discreti...

3 strikes rule - Statute of frauds, if all 3 requirements are met, you cannot raise statute of frauds 3rd Party Beneficiary - Ensures a 3rd party will receive the benefits of a contract A promise to charity is/isn't enforceable even without consideration - is Acceptance - Must be definite and unconditional, can only accept an offer made to YOU Offeror can request acceptance be made in a certain way After acceptance, even with death, it is/is not still a binding offer - is Age Discriminati...

Studies on the kinds of civil cases coming to court in this century find: Personal injury cases have increased Medical malpractice lawsuits are an example of: High stakes litigation because of the high costs involved Few people support Alternative Dispute Resolution(ADR). False A civil suit begins with the filing of a: complaint A person who brings a civil suit is called: plaintiff a complaint includes: a. description of the courts' jurisdictions (why it...

Access correct answers One of the principles of justice; access means that all people should be able to understand their legal rights and pursue their case. Accused correct answers A person charged with a criminal offence. Burden of Proof correct answers The obligation (i.e. responsibility) of a party to prove a case. The burden of proof usually rests with the party who initiates the action (i.e. the plaintiff in a civil dispute and the prosecution in a criminal case. Director of Public...

Assumption of the risk - A defense to claims of negligence in which the injured party knew that a substantial in apparent risk was associated with certain conduct and the party went ahead with a dangerous activity anyway Computer Fraud and Abuse Act (CFAA) - Federal legislation that prohibits unauthorized use of computers to commit espionage, the accessing of unauthorized information or of a non-public government computer, fraud by computer, damage to a computer, trafficking in passwords, a...

Acceptance. the expression of assent to the terms of an offer. Acceptance must generally be made in the manner specified by the offer. Actual cause (causation in fact). actual cause refers to a cause or factor without which the event could not have occurred. It is also termed as "but for cause" or "cause in fact" or "factual cause." Administrative agencies. governmental units, either state or federal, that have specialized expertise and authority over some area of the econ...