Law: General Questions
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How does the 15th Amendment (hint: commercial speech) and the 5th Amendment (hint: due process).
Effect Business?
What are the different burdens of proof for civil cases vs. criminal cases?
Why are there different burdens? I am looking for a different reason than the different penalties that apply to each standard ... Hint: Think of BOTH OJ trials, one was a win and one was a loss. Why?
What is the common law?
What is federal diversity jurisdiction?
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How does the 15th Amendment ( hint: commercial speech) and the 5th Amendment ( hint: due process). Effect Business?
The Fifth Amendment contains no equal protection clause and it provides no guaranty against discriminatory legislation by Congress. At other times, however, the Court assumed that discrimination, if gross enough, is equivalent to confiscation and subject under the Fifth Amendment to challenge and annulment. Due process tends to secure equality of law in the sense that it makes a required minimum of protection for every one's right of life, liberty and property, which the Congress or the legislature may not withhold. Our whole system of law is predicated on the general, fundamental principle of equality of application of the law.
What are the different burdens of proof for civil cases vs. criminal cases?
In criminal litigation, the burden of proof is always on the state. The state must prove that the defendant is guilty. The defendant is assumed to be innocent; the defendant needs to prove nothing. (There are exceptions. If the defendant wishes to claim that he/she is insane, and therefore not guilty, the defendant bears the burden of proving his/her insanity. Other exceptions include defendants who claim self-defense or duress).
Anyone who has studied civics in the USA knows of a number of protections specified in the U.S. Constitution:
- No ex post facto law. Art. I, §9 and 10
If an act was lawful when it was performed, the performer can not be convicted of a crime as a result of a law enacted after the performance.
- Prohibition against "unreasonable searches and seizures". Amendment IV.
- Prohibition of double jeopardy. Amendment V.
This protection takes two forms:
1. A defendant who is found "not guilty" of a more serious charge can not have a second ...
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