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Civil and criminal cases are usually heard in different courts. In jurisdictions based on English common-law systems, the party bringing a criminal charge (in most cases, the state) is called the "prosecution", but the party bringing most forms of civil action is the " plaintiff " or " claimant ".
Lester B. Orfield, A Resume of Decisions of the United States Supreme Court on Federal Criminal Procedure, 30 Ky. L.J. 360 (1942). Lester B. Orfield, A Resume of Decisions of the United States Supreme Court on Federal Criminal Procedure, 7 Mo. L. Rev. 263 (1942).
Character evidence is also admissible in a criminal trial if offered by a defendant as circumstantial evidence—through reputation or opinion evidence—to show an alleged victim's "pertinent" character trait—for example, to support the defendant's claim of self-defense to a charge of homicide. [10]
These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be applied to liberty rights. To take an example involving two parties in a court of law: Adrian has a negative right to x against Clay, if and only if Clay is prohibited to act upon Adrian in some way regarding x.
"Guilt" is the obligation of a person who has violated a moral standard to bear the sanctions imposed by that moral standard. In legal terms, guilt means having been found to have violated a criminal law, [1] though the law also raises 'the issue of defences, pleas, the mitigation of offences, and the defeasibility of claims'. [4]
Early federal and state civil procedure in the United States was rather ad hoc and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law.
Le grand docteur sophiste, 1886 illustration of Gargantua by Albert Robida, expressing mockery of his casuist education. Casuistry (/ ˈ k æ zj u ɪ s t r i / KAZ-ew-iss-tree) is a process of reasoning that seeks to resolve moral problems by extracting or extending abstract rules from a particular case, and reapplying those rules to new instances. [1]
The U.S. Bill of Rights. Article Three, Section Two, Clause Three of the United States Constitution provides that: . Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have ...