Define civil law and explain how it differs from criminal law.
What will be an ideal response?
Civil law deals with disputes between individuals and corporation, criminal law deals with the state v.
an individual in a civil case, a complaint is filed by a private party, known as the plaintiff, rather than by a
prosecutor because the injured party is a private citizen, not the state. Occasionally, however, the
government may be involved in a civil suit, either as a plaintiff or defendant. At the termination of a civil
trial decided in favor of the plaintiff, redress may be in the form of monetary damages, injunctions, or
specific performance (particular actions the defendant must perform). There can be no penalty inflicted
by the state such as imprisonment or probation in a civil action. However, the court may order the sheriff
to execute the judgment order by seizing and selling a losing defendant’s property to satisfy the
judgment. The defendant, of course, may appeal the verdict or the judgment to a higher court. In
addition, in a civil case, the rights afforded criminal defendants under the Fourth, Fifth, and Sixth
Amendments do not apply to civil defendants. Civil law is private law in that it governs transactions
between nongovernment entities such as corporations and private individuals. Public law involves the
regulation of the various relationships between and among the government and private parties such as
corporations and private individuals. Criminal law is part of public law. The level of proof is beyond a
reasonable doubt in criminal law while it is preponderance of the evidence in civil law.
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What role does the training academy play in shaping a recruit's ethics?
a. It plays a role in how a trainee interacts with fellow colleagues, supervisors, and instructors. b. It plays a role in how a trainee interacts with unethical trainees. c. It plays a role in how a trainee interacts with fellow colleagues and ordinary citizens. d. It plays a role in how a trainee interacts with supervisors and instructors.
Discuss the documentation that parties must submit to the court if the case goes to trial that may be prepared by the paralegal (acknowledging that state dictates may vary).
What will be an ideal response?
Assume that police have received an unsolicited telephone call that the police phone line recorder captured that accused a local couple of drug trafficking and storing illegal drugs within their home
Information contained within the phone call involved allegations of illegal drug activity, some of which information could have been known only to a person with intimate knowledge of the couple's activity. Other information within the phone call predicted both future activity to be conducted by the couple and information that could be publicly verified. Probable cause to search the home A) cannot be developed under these facts because an informant's identity must be known, or probable cause cannot exist due to the unknown level of reliability of the informant. B) cannot exist under the circumstances since if a person were telling the truth about the couple, any informant would allow his or identity to be known to the police. C) could be developed by the police only if they were able to actually identify the phone caller and verify that person's honesty, reliability, and grasp of the facts.. D) could be developed by police if they were able to verify some of the facts alleged within the phone call and if they observed some of the predicted future activity of a couple. Such a process would verify the informant's honesty and reliability. E) exists based on the phone call because the caller, although unknown, subjected him or herself to criminal prosecution if the phone call to police was a false report. This fact shows the honesty of the caller.
The majority of state parole board members are appointed by the state’s ______.
a. director of corrections b. governor c. Supreme Court d. attorney general