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Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability.
The civil statute imposes strict liability for infringement and high statutory damages while a wide range of behaviors could fall under the criminal statutes. The conflation of the lower civil thresholds with criminal penalties is more likely where there is no clear guidance, as with legislators trusting the courts to interpret “willfulness ...
In criminal law, an affirmative defense is sometimes called a justification or excuse defense. [4] Consequently, affirmative defenses limit or excuse a defendant's criminal culpability or civil liability. [5] A clear illustration of an affirmative defense is self defense. [1]
The criminal law of the United States is a manifold system of laws and practices that connects crimes and consequences. In comparison, civil law addresses non-criminal disputes. The system varies considerably by jurisdiction, but conforms to the US Constitution . [ 1 ]
Such legal immunity may be from criminal prosecution, or from civil liability (being subject of lawsuit), or both. The most notable forms of legal immunity are parliamentary immunity and witness immunity. One author has described legal immunity as "the obverse of a legal power": [1]
Civil penalties occupy a strange place in some legal systems - because they are not criminal penalties, the state need not meet a high burden of proof, such as "beyond a reasonable doubt"; but because the action is brought by the government, and some civil penalties can run into very large sums, it would be uncomfortable to subject citizens to ...
Remedies for copyright infringement in the United States can be either civil or criminal in nature. Criminal remedies for copyright infringement prevent the unauthorized use of copyrighted works by defining certain violations of copyright to be criminal wrongs which are liable to be prosecuted and punished by the state. Unlike civil remedies ...
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) [a] in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims.