Explain the difference between the burden of proof in a criminal case and the burden of proof in a civil case
What will be an ideal response?
The burden of proof falls upon the plaintiff. In a civil case, the plaintiff must prove
(1) that a civil wrong was committed and (2) that a preponderance of the evidence shows that the defendant is liable for that wrong. In a criminal case, the prosecutor must prove (1) that a crime was committed and (2) that the evidence shows that the defendant is guilty beyond a reasonable doubt. The civil standard of a preponderance of the evidence is a lesser standard of proof.
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The exclusionary rule is a rule of criminal procedure stating that evidence obtained illegally cannot be used at trial
a. True b. False
Which of the following would not be attempted to reduce income used in calculating alimony, because it would not affect the "bottom line"?
a. Passing on promotions or raises b. Shifting royalties received to investment income c. Transfers to third parties d. Negotiating more benefits in exchange for a higher salary
?Heather inherited some farmland and promised to sell it to Alice for Alice's promise to pay $500,000. Alice sent Heather a check for $450,000 along with a letter saying that $500,000 was more than the land was worth. Heather deposited the check into her account at the bank.
A. ?A contract was made for $500,000. B. ?A contract was made for $450,000. C. A contract was made for a reasonable price. D. ?No contract was made because the price has not been established.
M agreed to buy G's house for $200,000. The closing was to be held on April 5. G did not have all items removed from the home until April 9. M had to spend $500 on hotel expenses because of G's breach. The contract had listed that hotel expenses in the event this occurred would be limited to $400. This agreement of capping the hotel expenses at $400 is an example of:
A) consequential damages. B) liquidated damages. C) compensatory damages. D) mitigated damages.