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What must be resolve first in a case is it the criminal aspect or the civil aspect?
If there are, in fact, both a criminal and a civil side to the incident, the criminal aspect will be handled first. The "state's" (i.e.: the "people's") interests in prosecuting a crime take precedence over the civil wrong against an individual. (Think the O.J. Simpson case.)
Traditionally, the criminal matter will be decided first. This is primarily because proceeding with the civil case can prejudice a criminal defendant's rights. The civil case will wind up stalled because the criminal defendant can refuse to comply with civil discovery by asserting the right to remain silent. Admissions or statements given in a civil case could be employed against the criminal defendant. As a practical matter the civil case cannot proceed until there is a resolution of the criminal matter. For further information see the related links below.
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Does a wrongful death civil trial happen before during or after the criminal trial?
In the United States, the criminal trial comes first, then comes the civil trial. (In some states, such as North Carolina, civil penalties can be accessed at the criminal trial.)
Where did American laws originate?
The origins of the distinction between criminal and civil law lie in England, after the Norman Invasion. However, the first code of law which had no distinction between criminal and civil law, but did enforce criminal penalties, is that of the Sumerians.
Did the presidential election of 1860 resolve the slavery issue?
Not directly, although the election of 1860 was the pivotal first step at resolving the slavery issue. It led to a civil war which in time did resolve the issue by ending slavery.
Explain how O J Simpson was tried in both Civil and Criminal Courts found guilty in one not guilty in the other but no one posed the double jeopardy angle?
Criminal and Civil are different. A Criminal trial is on behalf of the People or State or such like against the accused. A Civil hearing is when one person or group or such like sues another or such like, usually for damages or rectification. Criminal take precedent over Civil and the burden of proof is higher in Criminal - 'Beyond a reasonable doubt' rather than 'On the balance of probabilities' in Civil. 'Double jeopardy' means you cannot be tried [Criminal trial] for the exact same crime twice - after a verdict has been reached the first time. In Civil once you have accepted the rectification, money or otherwise you cannot take the same action again against those you were successful against. O. J. was found not guilty in a criminal court but that did not debar a civil action for damages and in the Civil hearing he was not and could not be found guilty of the criminal charge of murder.
If a medical assistant prescribes medication without supervision of a doctor and the patients subsequently dies as a result would it be a civil or criminal case?
It could be one of each depending on whether the prosecutor decides to prosecute the criminal case and whether the family decide to pursue the civil case. Remember there were both a criminal and a civil case in the O.J. Simpson trial. He was found not guilty on the criminal case (beyond a reasonable doubt) but guilty on the civil one (preponderance of the evidence).
Which federal courts are courts of original jurisdiction where most violations of federal criminal and civil law are first adjudicated?
The US District Courts
Is drunk driving a criminal offense?
In most states, yes. One exception would be Wisconsin, where the first offense of drunk driving is a civil forfeiture.
What are the release dates for The Resolve - 2009 First Kill 1-1?
The Resolve - 2009 First Kill 1-1 was released on: USA: 2010
Did the presidential election of 1860 resolved the slavery issue.?
Not directly, although the election of 1860 was the pivotal first step at resolving the slavery issue. It led to a civil war which in time did resolve the issue by ending slavery.
What is the difference between criminal and civil offense?
1. The plaintiff is always the state or federal government. 2. Punishment may be fine and/or imprisonment. 3. State or federal statutes always establish criminal law. 4. The jury decision in a criminal trial must be unanimous. 5. The burden of proof in a criminal trial is "beyond a reasonable doubt." 6. Only the defendant may appeal in a criminal case. 7. In a criminal case, the defendant is either guilty or not guilty. 1. Both parties may be anybody, including governments, corporations and individuals. 2. The loser in a civil case cannot be imprisoned, even if he or she cannot pay the damages. 3. Civil law is established both through state and federal statutes and through court decisions. 4. In Missouri, the jury decision must be 9-3 for the plaintiff to win. States vary. Federal courts do require an unanimous verdict. 5. The burden of proof in a civil trial is "preponderance of the evidence," which sometimes is defined as "more likely than not." 6. Either party may appeal in a civil case. 7. In a civil case, the plaintiff and the defendant may both be found partially right and partially at fault.
What happened to the Donna j somerville civil suit?
the correct answer is that she lost the civil case and had to hand over the house on the hill. the jury there found the preponderance of evidence showed she had killed her husband unlike the first criminal trial.
What are parts and aspect of first aid?
bandages,...
