Legal burden of proof

As a result of breaking the law forfeiture is used in drug law enforcement “it reduces the financial incentive to reap the often enormous profits that are involved in drug trafficking and disrupts a drug trafficking organization by seizing any vehicles, boats, planes, or property used to transport or produce illicit drugs” (Levinthal, 2012. pg. 127). Federal forfeiture has to do with action brought as a part of the criminal prosecution of a defendant. The purpose of forfeitures is to interfere…

amongst themselves, and requires legal intervention. Civil cases are initiated when one party to a non-criminal action feels they have been wronged and are unable to reach an amicable resolution with the other party themselves. Criminal cases involve two parties also, but one of these parties is acting in representation of the government and the dispute involves a violation of a criminal statute. A major difference between criminal and civil cases is the burden of proof required to assign fault.…

instructor

D. Britannica Online®



 9) Consider the following exchange: “How do I know God exists? How do you know he doesn’t?” Which fallacy does the second statement illustrate?
 
A. Perfectionist fallacy

B. Slippery slope

C. Misplacing the burden of proof

D. Inconsistency ad hominem



 10) Stating someone has negative features and his claim is invalid is an example of which fallacy?

 A. Ad hominem

B. Genetic fallacy

C. Straw man

D. False dilemma



 z 11) Consider…

there must be a concurrence (agreement) between the act and the intent. The Criminal Act—In criminal law, a prohibited act is referred to as the actus reus, or guilty act. In some cases an act of omission can be a crime, but only when a person has legal duty to perform the omitted act, such as filing a tax return. State of Mind—A wrongful mental state, mens rea is also typically required to establish criminal liability. The mental state, or intent, is indicated in the applicable statute or…

Nysha Moore Negligent Drug Overdose 1. Describe the elements that the plaintiff’s attorney had to establish under the doctrine of res ipsa loquitur. Res ipsa loquitur is a legal doctrine that shifts the burden of proof in a negligence case from the plaintiff to the defendant (Pozgar & Santucci, 2015, p. 156, para. 12). The American translation is “the thing speaks for itself” (Pozgar & Santucci, 2015, p. 156, para. 12). Under the doctrine of res ipsa loquitur, the plaintiff must be able to…

Abortion in America has always been a topic of controversy since the beginning of its time. An ongoing debate on whether Abortion is ethical or should be legal has not only shaped the minds of citizens around America but the policies that are created by lawmakers. Currently, Abortion is legal in all 50 states but each state has its own set of policies that apply to abortion. However, certain requirements or standards are set to make the process of abortion longer such as waiting periods or only…

serious nature that poses threats to “peace and order of society.” (www.differencebetween.com) The legal perspective says that crime is an act that violates criminal law of a country. (www.differencebetween.com) Because of the high value put on freedom, defendants have more rights and protections than civil defendants. (www.rbs2.com) In criminal cases, the state will always have the burden of proof. (www.rbs2.com) They have to prove the defendant is guilty and that the defendant satisfies…

In her book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Michelle Alexander discusses the legal mechanisms used by the criminal justice system that contribute to the mass incarceration of African American males. Among sentencing laws and prejudice in jury selection, Alexander (2010) identifies stop and frisk policies as a discriminatory practice that allows police to racially profile African American men when stopping and searching them in the streets at higher rates than…

practices. The discrimination towards the black employees have occurred due to the enforcement of Balanced workforce Initiative plan which is a form of employment practice. Thus, the discrimination in the case can be regarded as disparate impact. Burden of proof As per the case study, the black employees that filed the case against Xerox are…

It is important to list the series of events about the Watergate Scandal especially because it gives a history as to why Richard Nixon was so adamant about not cooperating with the FBI during this scandal. President Richard M. Nixon gave executive privilege a bad name when he used it to try to conceal information. Richard Nixon exercised his executive power when he wanted to prevent that the White house tapes which had incriminating evidence that he participated in a cover up involving illegal…