BLAW 310 – CHAPTER .7 NEW 2022 PRACTICE EXAM
SOLUTION
Burden of Proof :
civil case = plaintiff must prove the case by a preponderance of the evidence
criminal case = prosecution must prove the case beyond reasonable doubt
Sanctions :
Criminal sanctions are harder than Civil cases
Civil Liability for Criminal Acts : - Civil Law VS Criminal Law?
civil law : the person who suffered harm
criminal law : the state - Civil Law VS Criminal Law?
Party who brings suit
civil law : causing harm to a person or to a persons property
criminal law : violating a statue that prohibits some type of activity - Civil Law VS
Criminal Law?
wrongful act
civil law : preponderance of the evidence
criminal law : beyond a reasonable doubt - Civil Law VS Criminal Law?
burden of proof
civil law : 3/4ths majority 9typically)
criminal law : unanimous (almost always) - Civil Law VS Criminal Law?
verdict
civil law : damages to compensate for the harm or a decree to achieve an equitable
result
criminal law : punishment (fine, prison, death) - Civil Law VS Criminal Law?
, remedy
1. the performance of a criminal act (Acts Reus)
2. specified state of mind/intent by the actor (Mens Rea) - what 2 elements must exist
Simultaniously for a person to be convicted of a criminal act?
Actus Reus (Criminal Act) - prohibited act
most are acts of commission, in some situations, failure to do something can be a
criminal act, like not filing taxes
Mens Rea ( state of mind) - wrongful mental state
recklessness and criminal negligence
strict liability & overcriminalization
- crimes must occur within the scope of employment
- corporations can be held criminally liable when they fail to fulfill certain statutory duties
- criminal liability within a corporation?
1. violent crimes
2. property crimes
3. public order crimes
4. white collar crimes
5. organized crimes - 5 types of crimes?
violent crimes - crimes against people further classified by the degree depending on the
circumstances
- robbery
- murder
- rape
- assault & battery
SOLUTION
Burden of Proof :
civil case = plaintiff must prove the case by a preponderance of the evidence
criminal case = prosecution must prove the case beyond reasonable doubt
Sanctions :
Criminal sanctions are harder than Civil cases
Civil Liability for Criminal Acts : - Civil Law VS Criminal Law?
civil law : the person who suffered harm
criminal law : the state - Civil Law VS Criminal Law?
Party who brings suit
civil law : causing harm to a person or to a persons property
criminal law : violating a statue that prohibits some type of activity - Civil Law VS
Criminal Law?
wrongful act
civil law : preponderance of the evidence
criminal law : beyond a reasonable doubt - Civil Law VS Criminal Law?
burden of proof
civil law : 3/4ths majority 9typically)
criminal law : unanimous (almost always) - Civil Law VS Criminal Law?
verdict
civil law : damages to compensate for the harm or a decree to achieve an equitable
result
criminal law : punishment (fine, prison, death) - Civil Law VS Criminal Law?
, remedy
1. the performance of a criminal act (Acts Reus)
2. specified state of mind/intent by the actor (Mens Rea) - what 2 elements must exist
Simultaniously for a person to be convicted of a criminal act?
Actus Reus (Criminal Act) - prohibited act
most are acts of commission, in some situations, failure to do something can be a
criminal act, like not filing taxes
Mens Rea ( state of mind) - wrongful mental state
recklessness and criminal negligence
strict liability & overcriminalization
- crimes must occur within the scope of employment
- corporations can be held criminally liable when they fail to fulfill certain statutory duties
- criminal liability within a corporation?
1. violent crimes
2. property crimes
3. public order crimes
4. white collar crimes
5. organized crimes - 5 types of crimes?
violent crimes - crimes against people further classified by the degree depending on the
circumstances
- robbery
- murder
- rape
- assault & battery
