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Civil Liberties: Those rights we have, as individuals, that government must respect. Civil Rights: Those rights we have, as individuals, to be treated equally with others. Under these definitions, due process is a civil liberty not a civil right. Since the 14th Amendment explicitly mentions both due process and equal protection, due process is ...
Individual state constitutions are often more explicit about individual rights. We will have to see how mask requirements play out in court, but the basic argument is that these requirements infringe on our constitutionally protected liberties. Fundamental rights can be infringed, but only subject to certain restrictions. One is that the ...
For example, even if exactly the same conduct could be prosecuted with either a civil penalty or a criminal charge, prosecutors might prefer a civil penalty because the burden of proof is much lower, the 5th Amendment protection against self-incrimination does not apply (you can refuse to testify but that fact can be used against you in a civil ...
The other place in the United States where civil law systems are relevant is Puerto Rico. Some specific civil law concepts (community property and certain kinds of easement/profit rights in land, issues related to water rights, and some concepts related to boundaries of land) related to property rights also have residual importance in parts of the United States that were historically a part of ...
It appears that you are confusing concepts. Civil law and civil procedure are not "different means" to pursue certain outcome.They are not substitutes. Civil law determines the parties' substantive or ultimate rights & duties, whereas laws of civil procedure determine how to enforce those rights in court. –
In, for e.g., common law fraud punitive damages will be a matter of the jury to decide. Yes, you are correct, it is probably overgeneralized what I meant to say is that the judge will not set either whether or not punitive damages be awarded or not only whether the jury has the discretion to award it, the judge will not set the amount or even a minimum of it.
In a criminal case, in all common law jurisdictions that I know of, an accusation must be proven to a high level which is commonly stated as being "beyond reasonable doubt", whereas in a civil case the burden of proof of the accusation is typically lower, expressed as something like "preponderance of evidence" or perhaps "more likely than not".
Crimes In General. A crime is (1) a violation of the law, (2) defined by statute (except in the handful of states that retain common law crimes which even then typically statutorily acknowledge the existence of common law crimes and provide some boundaries on the sentences for them), (3) which can be enforced by the government in the name of the "People" of that state (even if a private ...
The civil code covers "private law" which is the law regarding the rights of citizens vis-a-vis each other. The criminal code covers actions of people which the state may intervene of its own accord and in its own right to criminally punish.
This question was inspired by this answer while trying to learn the difference between common and civil law. Two questions: What's the difference between an inquisitorial system and an adversarial system? Is an inquisitorial system limited to only civil law and an adversarial system to common law, or can either system exist in either body of law?