The burden of proof is higher for criminal cases than civil cases. list several reasons for this. Briefly argue whether this should or should not be the case.
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The burden of proof is higher for criminal cases than civil cases. list several reasons for this. Briefly argue whether this should or should not be the case.
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- True or False A counterclaim and a cross claim are types of discovery.Katee gets car insurance from Luna Insurers Enterprises, Inc. ("LIE, Inc.). Every six months, LIE, Inc. automatically renews Katee's policy and charges Katee's credit card for the next six months. This process has been occurring for five years. One week after the automatic renewal, Katee is in a car accident, and her car is totaled. LIE, Inc. refuses to pay and claims there is not a valid contract. Was there a valid contract? O No. because Katee never agreed to silence as a form of acceptance. No, because silence is never acceptance. Yes, because Katee's account was charged. Yes, because the parties agreed to silence as acceptance arrangement. Yes, because Katee did not cancel within 24 hours of her card being charged.Assume a defendant is observed by police officer A walking down the street carrying a weapon. A few moments later, the defendant is observed by police officer B walking down another street carrying the same weapon. Defendant, a convicted felon, is arrested and charged two counts of illegal possession of a weapon. Has he committed two crimes, or one? If only one, the Double Jeopardy clause prohibits two convictions for the same offense. If you conclude only one offense has occurred, how did the state convince the court otherwise in Commonwealth v. Horne
- Michael built a calculator (which graphs) using plans Michael found posted on the internet, but he unreasonably didn’t follow the plans when he constructed the calculator. Michael then sold the calculator to Jack who was injured when the calculator exploded because it hadn’t been built according to the plans. After the explosion Jack was taken to the Hospital emergency room (“ER”) where he signed a consent form authorizing Dr. Joe, the ER doctor, to perform a surgical procedure called Surgery X. But, instead Dr. Joe performed Surgery Y, a different procedure than Surgery X. A. What cause(s) of action should Jack use if he sues Michael for Jack’s injuries. Discuss. B. Has Joe, the ER doctor, committed any intentional torts? If so, discuss.Five Factors that can affect claims handling competency are; Changes in the claims environment, changes in job responsibilities, attrition of knowledge over time, limited insurer resources, and communication with represented claimants. True FalseGive an example of a statute at the Federal Level and at the State Level. Give an example of an Administrative Agency at the Federal level. Please list the 3 equitable remedies available to someone in a lawsuit.
- What are the major procedural steps in every criminal case? Describe each step?The torts of false arrest and false imprisonment are often confused. Explain the difference between false arrest and false imprisonment, and give a brief example of each.To successfully win a negligence lawsuit, what are the "elements" the plaintiff must prove and what three affirmative defenses are available to the defendant?
- True or False In Kentucky, a defendant has 30 days to file an Answer once served with the lawsuit.describing the commencement of either a civil or criminal proceeding and indicate how the case might ultimately be resolved of the Federal court system or within the NYS Court systemIf a person was found guilty for assault and battery in a criminal case, and the person that was hurt brings a civil action against the defendant, does a full trial have to be held again or can the jury just accept the fact that the defendant committed the act?