Assume there is a criminal case (e.g., drug trafficking) held in federal district court. Explain the "burden of proof " in a federal criminal case.
In a criminal case, say drug trafficking, it is government's duty to prove that defendant is guilty before the jury which then gives its opinion. By government I mean prosecution. It is also important to note that the burden of proof also means that the prosecutor must prove that the defendant is guilty of the crime and he must do so beyond a reasonable doubt in front of the jury.
Whay is reasonable doubt? It is a relative concept, means different things to different people. It's not defined by law but what it means is that, jury must be unanimous in their call if they want to convict the defendant and for that to happen, there mustn't be any doubt left in their minds. However, incase jury fails to reach a unanimous decision, the case would either be retried or dropped.
Assume there is a criminal case (e.g., drug trafficking) held in federal district court. Explain the...
Assume a federal district court hears a case involving the commerce clause. The federal court would most likely apply Rational basis scrutiny Strict scrutiny Intermediate scrutiny Discretionary review
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D 19. Which courts are just above the federal district courts? bankruptcy Supreme Court criminal superior courts of appeal
Explain the differences between criminal law and civil law? Be sure to include in your explanation the purpose of each type of law; who starts the action; who has the burden of proof; and the standard of proof required to prove the case?
Explain whether previous judgments from the following courts are binding on the Singapore District Court hearing a similar matter: (i) The Singapore Magistrate Court (ii) The Singapore Court of Appeal (iii) The Singapore High Court (iv) The Federal Court of Malaysia (the highest court in Malaysia)
1. Choose a type or form of criminal activity (e.g. drug dealing, burglary, embezzlement, prostitution, etc.) 2. Show how criminologists adhering to the 1) social structural, 2) social process and 3) social reaction theories would approach and explain this particular form of criminal activity. 3. Evaluate the appropriateness and effectiveness of each approach in analyzing this type of crime. HTML Editor na BIVA-AIX EX 1 1 1 **, SE O N V are not 1 1 12pt - Pi
A jury awards a plaintiff $200,000 in damages in a sexual harassment case, a federal district court judge reduced the award to $45,000. The judge did so because at the time of the jury's verdict, the plaintiff's employer had twenty-five employees, and Title VII caps damages for employers with no more that 100 employees at a maximum of $50,000. However, three years earlier, when the harassment occurred, the employer had 235 employees. Was the judge correct in capping damages awarded...
Case 10.7 Polly Ann Heller v. Elizabeth Forward School District 2006 U.S. App. LEXIS 13547 (U.S. Third Circuit Court of Appeals) The issue is whether the school district had a valid explanation for paying younger male teachers higher salaries than it was paying three female teachers who were over 50 years of age. NYGAARD, CIRCUIT JUDGE. The School District’s salary scale and the collective bargaining agreement between the School District and the teachers’ union, sets different “steps” in salary depending...
Describe the violation illustrated by the case, e.g. Who are the parties? What did the violator(s) do that constituted spoofing or insider trading? Who was harmed by the violation? What is the ethical framework you observe was followed by the violator(s) in committing the illegal conduct? (Explain.) Explain how the case was resolved, e.g., What happened to the violator(s)? What were the penalties levied against the violator(s), if any? Do you believe the result is a just resolution of the...
Shift End Poon Enter Del LANDMARK COURT CASE Case Legalizes Abortion In 1970, a single woman in Texas became pregnant. The ruling came too late for Jane Roe to have the She had difficulty finding work because of her preg. abortion she originally sought, of course, but it nancy and feared the stigma of an illegitimate birth. affected the rights of all women who would seek Under the fictitious name "Jane Roe," the woman sued abortions from that time on....
1. Which article and section of the U.S. Constitution outlines the concept of extradition (returning fugitives to the state where the crime occurred). 2. A member of the Senate can kill a bill by talking it to death in a procedure known as a 3. Who acts as the President of the Senate? 4. Who is the current Speaker of the House of Representatives? 5. Which of the following are a Constitutional requirement for becoming president of the United States?...