Legal Case

Question: The burden of proof in the criminal law is on which party? The burden of proof in the criminal law is on which party? I need homework help, im studying this for AS, but i dunno where to start, can any one advise a good website etc :) Many Thanks

Answer: It's always on the government to prove the elements of the offense. http://criminal.findlaw.com/crimes/criminal-overview/ http://criminal.findlaw.com/crimes/criminal-overview/criminal_basics.html

Question: In debating what is the burden of proof and the yardstick? I have no idea how to use them and i don't understand what they are. Can somebody please tell me how to set out the burden of proof and yardstick. For example what is the burden of proof and yardstick for "That student should get free transport." I know its something about how your going to prove your going to win the debate but its all really confusing! please help!

Answer: 'burden' means someting like obligation. So in a debate a speaker, whether or not he/she is for or against a particular motion has an obligation to put forward convincing facts/ arguments/examples which will convince the listeners of the truth or reality of his/her comments. In a debate the burden of proof would normally rest upon the person who is speaking in favour of a situation/condition which does not at present exist. 'yardstick' literally means a standard of measurement, but in a debate or discussion it means a standard by which arguements are judged. I think the best thing I can do is to give an imaginary example from a debate where somebody is argueing against free transport. "The yardstick in this issue is not what happens in other institutions but what THIS institution can afford."

Question: Christians, Why do you think the Burden of proof is on atheist? it seems like what your claiming would be easier to prove, than it would be for atheist to disprove it. shouldn't the burden of proof be on the people who claim there is and not the people who say there isn't? and still I have never heard undeniable proof of Jesus divinity. and remember hear say and hyperbole don't count as proof.

Answer: I don't believe in proof. I believe in faith. You either have it or you don't.

Question: Why is burden of proof shifted in case of rape related crimes? What was the initial thought behind shifting burden of proof? Is that relevant today? Is/Was that "initial thought" applicable to women of all class/types? Untamed Rose... I do not know where you are from...but at my place it is guity till proven innocent even in case of murder. You can not convict a person purely and only based on circumstantial evidence. Untamed Rose... I do not know where you are from...but at my place it is innocent till proven guity even in case of murder. You can not convict a person purely and only based on circumstantial evidence.

Answer: the necessity of proof always lies with the person who lays charges, so like all cases, a woman accusing a man of rape needs to have evidence. However, rapists are violent offenders, much like murderers. If you heard that so and so might be a murderer, you would certainly bring them in for questioning, if not hold them while other evidence is being collected. I do not thing false allegations of rape are acceptable, however, unless it can be proven that the woman MADE THE STORY UP, no charges can be filed against her, because again, burden of proof is on the accuser. Lastly, calling into question a woman's sexual past even past times she had consented to sex does not mean that the case in point was NOT rape. Yes, it is hard to "prove" that rape actually happened, especially in situations where persons are drinking or already have a personal relationship.. ANY person who makes the CHOICE to have sex with someone who CANT consent, or is in a questionable state to give consent (including coercion, duress or under threat of force), that party is liable. If you are worried about someone maybe thinking it was rape the next day, DONT HAVE SEX WITH THEM

Question: Who has the burden of proof in dismissing a case for bad service? In my district, for civil actions, the plaintiff has thirty days after the 'return of service not found' to file an alias. The 'return of service" is not public record, but the alias was issued ninety days after the issue of the first. I'm betting the alias is late, but have no proof. Do I need proof to get the case dismissed?. To OldJimmy: So it sounds like I don't need evidence; that is, the burden of proof is on the plaintiff. Is that right?

Answer: In order for the plaintiff to prove proper service of the alias summons, they would have to introduce the documentation of the initial service attempt. If they can not do this, they can not prove the validity of the alias.

Question: Question about the burden of proof regarding paranormal claims? Its often said by some in this forum that the burden of proof is on the person making the claim. Let's examine that for a minute. Thought: Proper scientific experiments and testing should ideally be conducted by qualified scientists under strict conditions in order to ensure the results are valid. Thought: People without a scientific background are more likely to accidentally compromise experiments and testing then those who have training therefore reducing their chance of validity. Thought: Based on what's in the news, those who make claims regarding the paranormal activities and events appear to be proportional to the rest of society regarding career choices, education, backgrounds etc. Meaning they would not come from scientific background exclusively. Therefore, it stands to reason (to me) that the "burden of proof" is best served when designated to the scientific community rather then any particular individual. What are your thoughts??

Answer: If I have seen or experienced something and I want other people to know about that experience, I'm first going to have to tell them about it. When I tell them about it, if they are interested, they are going to ask for some details. If what I'm describing seems unrealistic or fantastic to the listeners, they may ask for additional details to better understand what was happening. Eventually, the listener will either accept my story as true or not based on their own biases and opinions of my credibility. This is how I see parapsychologists working with the larger scientific community. The story teller needs to provide the details or the evidence in order to help others to clearly understand the experience. But, the burden is not upon the storyteller to convince the listener that the story is true. The storyteller can only present evidence, and the listener has to make their own decisions about the validity of the story. The burden is on parapsychologists to present convincing evidence which explains phenomenon that is being experienced by people all over the world. That is the nature of parapsychology. But who are parapsychologists? They are individuals like you and me who have educated themselves as to the ways of science and taken on the task of performing experiments, writing up the evidence, and publishing the results in a forum where they can openly be reviewed. They are scientists, and they do scientific work. Just as you wouldn't expect an artist to know how to fix the transmission on your car, you can't expect somebody who isn't trained as a scientist to present solid scientific evidence. So, the burden is upon the scientific community, specifically parapsychologists, to present evidence for parapsychology. It's not even a burden though, but actually a job. One other note, physicists and biologists who are not trained in parapsychology are not qualified to criticize or review parapsychology research unless they examine the work in detail and spend time understanding the research objective. All scientists are not created equally, and all fields of science do not relate to other fields. To truly provide a practical review of research work, the reviewer needs to do a significant amount of work to understand the research and the hypotheses that are being reviewed. Individuals making claims do not have to present proof of their claims unless they want to convince somebody, and some people, regardless of the evidence presented, will never believe even their own eyes. It is not our job to try to convince those who do not believe, and so, there is no need, on a forum such as this one, to present overwhelming evidence in order to post about your own experience. Continue posting your experiences if you want to. You may actually reach some one who is interested in knowing more. Thanks for the question B!

Question: Question for theists who believe the burden of proof is on atheists? This is ONLY for theists who think this. Theists who do not believe this do not have to answer: What would proof of non-existence look like? Thank you.

Answer: Lets put it this way... if you are charged WITH something the burden of proof is on you to prove you didnt' do it. If you are CHARGING something you have to prove beyond REASONABLE doubt. In this case the theists are being charged that claims are false and have already provided the witnesses and evidences... I know the analogy falls short but it sort of explains it. And in shorter answer this is circular question because noone is every happy with results.

Question: Will cheque dishonour due to "insufficient funds" but with "funds in clearing" be valid to file legal case ? Will cheque dishonour due to "insufficient funds" but with "funds in clearing" be valid to file legal case ? Will the banks be able to re-present the cheque until they receive "Insufficient funds" as the reasons for cheque dishonour ? Please help me what should I do in this specific situation to get legal aid to recover my money.

Answer: You can file legal case. Funds in clearing has nothing to do here. At the same time you consider the fact that you are living in India and the court case is not so easy. You represent the cheque again and if bounces present it for third time. You must file case if it bounces third time.

Question: How to get the best severance package from a legal case?

Answer: After you've sued? Your attorney should be able to get you the best package possible. Just remember, the attorney takes 1/3 to 1/2 off the top... When your attorney tells you the settlement offer, make sure you find out what you will actually receive after his share and expenses are deducted.

Question: Is or is there not an actual, legal case for impeaching Bush? And of, course, an answer based on the law, with sources, would be the most likely one to be chosen best answer.

Answer: If there is not, there "Ought to be a Law"What he is doing to our country is a crime!!!

Question: What are the options for me in legal case? If I can prove that the County Prosecutor's Office submitted false documents before a Federal judge?

Answer: Why would a county prosecutor, who's jurisdiction is in Superior Court, provide documents to a Federal Court judge? If you can prove that the prosecutor provided false documents into evidence, you may be able to appeal the criminal case and get a reversal; as well as suing the state where you were prosecuted. I highly recommend speaking with an attorney.

Question: how do i know if i have a legal case on slander? after taking a leave of absence from my job my general manager and the supervisor told all my staff and the contract guests that i had a nervous breakdown. everywhere i go people comment about it and ask, not to mention steer clear of me at times and stare. i have been forced to quit due to embarrassment and can not seem to get a job interview at all. do i have a case?

Answer: ask a lawyer

Question: Thanks to the forum for your help about my legal case that I lost? This is what I learned so far from you guys.... Even thought we lost the case, my lawyer is still obligated to defend me against the defense lawyer who will likely file a motion to collect attorney fees. Is this correct? He worked on my case on contingency basis and never charged me a dime. So he still has to work for free until the case is completely finished, correct? I don't have to file an appeal on the case we just lost but if I choose to, I have to pay my lawyer what he wants, $10K in retainer & costs, correct? Can my lawyer come after me for costs he incurred preparing my case the past several years?

Answer: If this was a case based on a contingency fee, look at the fee agreement you signed with the attorney. Attorneys are required to put all contigency fees in writing, (and its a good idea to put ALL fee agreements in writing). MOST contingency fee agreements agree that you will compensate the attorney for expenses, regardless whether or not you win or lose the case. The scope of your attorney's representation is also something that is governed by the fee agreement, so again, read it. If you have a disagreement with the attorney on this, first talk to him/her and if that doesn't work, contact your bar association. Many bar associations have a fee arbitration/grievance committee which helps in such disputes.

Question: What was the first legal case to award pain and suffering?

Answer: It depends. If it is pain and suffering resulting from an impact and the resulting harm then the first case is unknown. The Ancient Roman and Greek courts provided for a rememdy for pain and suffering that resulted from unlawful contact. The Latin term for it was inuria privita or inuria publica (private or public injury). The first case that awarded pain and suffering without impact was Bell v. Great Northern Railway of Ireland (1895) 26 LR (Ir) 428. When the industrial revolution was in full swing, people became injured from the fright of large freight trains that came close but did not hit injured parties. Women had miscarriages, people's hair turned white, or otherwise people were injured without suffering a blow. These cases later developed into the tort that we know today as Negligent Infliction of Emotional Distress and Intentional Infliction of Emotional Distress (NIED and IIED). Gernally, damages for pain and suffering have always been available

Question: Does my brother have a legal (employment) case? My brother's company is about to be sold. He is an assembly line worker in North Carolina. He was told he must train his replacements, the people who will be doing his job in the new company, which is going to be in Michigan. If he refuses to train his replacements on the assembly line, can he be fired, and therefore denied unemployment? By insisting that he train his replacements, is the new company (or the current company) breaking the law? Does he have any sort of legal employment case? If it's not illegal, it certainly feels immoral to me!

Answer: Yes, they can fire him for refusing to do his job. He wont get unemployment if he is fired for refusing to do something. There are no laws against this. The company can ask people that are about to be let go to train their replacements, or they can just cut him loose at any time they want. He has no employment case. It's not immoral. The company could just fire him on the spot. Instead, they are going to keep him on for a few more weeks. He should start looking for another job.

Question: What does the "R" stand for when a legal case is called "R v. (name)"? For a class Im reviewing legal cases in Canada, and I always see R v. Smith or R v. Sullivan, etc. What does the R stand for?

Answer: Wow - above poster; dont speak from your as-s!!! The R is abbreviated for "rex" - which in latin, means the Queen/King/Monarchy - this stems from the way old traditions of common law in England. The cases are generally public law - generally the crown against the defendant - criminal law/federal law etc. In civil lit, there is no R because its plaintiff vs. defendant.

Question: Where can i get the information for a legal litigation case that occured in Florida 2005? Im looking for the information that was used by a scientist to confirm cell phone usage gave Sharesa Price of Florida a brain tumor. I just need to have a way to read the case infomation. Any help finding a way to read it would be great, thx.

Answer: You can get the transcripts from the courts and read the testimony. You might want to get a lawyer to dig these up as the process can be a little frustrating for the average individual.

Question: Which phrase describes a legal case that excites widespred public attention?

Answer: High profile legal case? Landmark case?

Question: when there is a conflict of interest can a judge still sign a legal order in the case? A conflict of interest in this case had been brought to the attention of the judge,but he still signed the order in the case. So we are trying to find out if it's legal?

Answer: The judge decided it was OK so your alternative is to appeal.

Question: When was the first time the insanity clause was used in a legal case?

Answer: There is no such thing as an "insanity clause." But since there was a judicial system, there has been concern about whether a defendant has the capacity to form intent to commit a crime.