What is the difference between guilty and liable
Criminal liability and types of penalties Criminal liability is generally made up of two elements: 1 the guilty act or omission known as the "actus reus" , and 2 the prohibited state of mind or guilty mind known as the "mens rea". Will a child be guilty of an offence? What types of penalties are there for committing a criminal offence? Are the penalties for young offenders different from those for adults?
Under what circumstances could the criminal record be deleted? Criminal records and the Rehabilitation of Offenders Ordinance A. Criminal Records 1. Fixed Penalty Tickets 2. Bind Overs 3. The Rehabilitation of Offenders Ordinance 1. Suspended Sentences 2. Orders for Detention 3. Community Service Orders 4. Probation Order C. Implications of Spent Convictions D. Disclosure of Spent Conviction 1. Disclosure of Spent Convictions in Court Proceedings 2.
Penalties for Wrongful Disclosure of Spent Convictions 4. Under what circumstances can the police stop and question me in a public place? A minor attends a part at a friend's house while the parents are away, and particpates in causing damage to the house. There are laws that say in that case the parents of the minor can be liable for the damages.
The minor is guilty of an intentional tort and is directly liable, but if the minor is unable to pay for the damages, the parents, who did not participate, are guilty by vicarious liability. A delivery man in a company truck causes a traffic accident, injuring people and damaging property. It turns out the delivery man had a lousy driving record and his employer knew it but kept him on.
The delivery man is guilty of negligence and is directly liable, and the employer is guilty vicariously for having knowingly kept a dangerous driver on as an employee. In each case the persons who are liable "vicariously" did not participate in the underlying tortious conduct.
In the former case the parents are guilty solely because the law wants to try to make parents responsible and more observant of their children's activities and it would be unfair for the people whose home was damaged to be left without recourse, potentially if their insurance doesn't cover the damage and the minor has no money , but in case 2 the employer is guilty also of negligence, but a different kind.
Stockholders are not liable to for Corporate debts. Juries are rarely used in civil cases. In England that is anyway If they are which literally is only in EXTREME circumstances then it will be the same procedure as in a criminal case except the jury will find the defendant liable, or not liable, as opposed to guilty or not guilty.
The difference between a crime and a misdemeanor is the length of time someone who is guilty will be imprisoned for or otherwise punished.
Minor offenses with little or no imprisonment will be misdemeanors. Innocent means you are innocent of a crime.. That is you did not commit it. They can't say that you did not commit a crime, they can only decide for "not guilty" if the evidence presented is enough that you are believed to have committed a crime guilty or not not guilty. Agency : principle is liable for the act of agent and agent get fees or commission from the principle.
The threshold is lower in civil court. Yes - conviction is a judgment made by jury or judge in a bench trial , but conviction requires a trial. A guilty plea eliminated the need for a trial. Any general partner is jointly and severally liable for all debts of the general partnership; limited partners are not liable. This means that all general partners are equally liable for partnership debts and any creditor can go after any of the partners to collect. Limited partners are not liable beyond their contributions.
Not guilty means that there was not enough evidence to move a juror beyond a reasonable doubt. Innocent means that one has not committed a crime. A jury doesn't find a person innocent. The pupose of the "guilty but mentally ill" verdict is to. Dismissed means for some reason or another you were not held accountable for the charge; like the person dropped the charges. Not guilty means there was not enough evidence to convict.
A defendant who loses in a civil action does not face the risk of prison or fines, like in criminal court. A classic civil lawsuit would be a lawsuit by a person injured in a vehicle accident against the driver of the vehicle who caused the accident. By contrast, a criminal action is a prosecution by the government usually the state of an individual for violating a provision of the criminal code.
The penalty that a defendant faces in a criminal action may include prison time, a fine, or other terms. Civil actions are categorized according to the type of injury or damage involved.
They include "torts" a French word that simply means "wrong," such as personal injury and wrongful death , contract disputes, product liability claims, and business disputes such as patent infringement claims. See the sections below for more on these types of civil cases.
As used in the term "civil liability," the word liability means responsibility for the harm alleged by the plaintiff and the damages suffered. A person found liable in a civil action, upon a verdict in favor of the plaintiff, must pay whatever monetary damages the jury or sometimes the judge awards to the plaintiff. A plaintiff in a civil case need only prove her case by a "preponderance of the evidence," sometimes described as enough evidence to just tip the balance in favor of the plaintiff.
Compare this to the burden in a criminal case: beyond a reasonable doubt, which is just short of absolute certainty but certain enough that there is no real reason to believe otherwise So, in a civil action, if the plaintiff proves that it is more likely than not that the defendant was responsible for her injuries or loss, she wins.
A huge portion of the civil lawsuits filed in the United States arise out of disputes between parties to a contract. Generally speaking, the plaintiff in such actions alleges that the defendant has failed to comply with some term s of the contract, causing damage to the plaintiff. For example, disputes between landlords and tenants often involve a question of who breached didn't follow the lease, which is a contract. Some civil wrongs result from intentionally "bad" acts by defendants, such as intentional misrepresentation fraud , defamation damaging lies , and employment discrimination.
In these cases, the plaintiff must prove that the defendant purposely engaged in certain conduct, for example, by offering evidence that the defendant had spread false rumors that the plaintiff had engaged in a crime, knowing that the rumors were false. Not all civil actions involve intentional conduct by the defendant. Plaintiffs in many civil cases allege that the defendant acted negligently and that this negligence caused their injuries or loss. In such cases, the plaintiff need not show any intent at all on the part of the defendant.
You should always speak with a Riverside criminal defense attorney about your case to evaluate your options before making your ultimate plea decision.
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