Wednesday, May 6, 2009

The Differences Between Criminal and Civil Law

Most people don't differentiate between civil law and criminal law, partly because the majority of news coverage in the media is dedicated to criminal law cases. Most people have heard of a civil lawsuit, but they aren't really sure how the two are different. Civil cases aren't as widely publicized because they don't ever have the same dramatic punch that often comes with a big criminal case.

It may come as a surprise to many people just how different the two types of suits are - here are some of the biggest differences between criminal and civil law cases.

The Verdict and Subsequent Ruling

This is the major reason why criminal cases are so much more publicized and advertised in the media. The defendant in a criminal case runs much more of a risk - a guilty verdict can bring with it several different forms of punishment depending upon the severity of the crime committed.

Crimes are broken down into two sub categories - first are the felonies, which are the larger offenses and which will most likely result in more severe punishments. Second are misdemeanors, which are the smaller offenses and will likely yield sentences that are not quite as harsh.

A person charged with first degree murder, which is the top of the ladder as far as felonies are concerned, could receive life in prison without parole - or even the death penalty depending upon the state in which the crime was committed. Lesser felony offenses may still yield large amounts of jail time, depending upon the nature of the crime; whether there was pre-meditation, or if the person has been involved in similar criminal activity before.

Misdemeanor charges with convictions often result in one of or a combination of the following - fines, probation, community service and in some cases jail time. Again depending on the circumstances surrounding the crime, the punishment may be either more or less severe.

The defendants involved in a civil case will never, under any circumstances - regardless of the crime charged, be subject to the same forms of punishment as those convicted in criminal cases. In fact, regardless of the nature of the crime committed defendants convicted in civil cases will never do any time in prison. Defendants who are on the losing side of the verdict in a civil case are often responsible to reimburse the plaintiff or plaintiffs of the case in an amount determined by the judge or jury to be comparable to the loss that they may have suffered due directly as a result of the defendants actions. The actual monetary amount awarded in the verdicts of these cases is often hard to come to, especially in cases when more than just property is lost or damaged as a result of the defendant's actions.

Making the Case

In a criminal case, the defendant is innocent until proven guilty. It's is the responsibility of the side of the plaintiff to build a case that shows beyond a reasonable doubt that the defendant did, in fact commit the crime in question. If the defense can inject even the smallest shadow of doubt on the plaintiffs case the verdict in the case will (or should) return not guilty. If the jury is not very close to one hundred percent certain that the defendant committed the crime in question, then there is no conviction.

The proof required to get the desired verdict in a civil case is not nearly as high as that of a criminal case. If the plaintiff can initially convince the jury that it's reasonably possible that the defendant is responsible, the burden for proving their innocence falls on the defense. If the evidence shows more than fifty percent probability that the defendant is responsible a guilty verdict can be returned and the defendant then becomes responsible for reparations.

Even if the defendant is convicted of the charges and ordered to pay, it still doesn't mean that the plaintiff will receive a financial windfall as a result of the conviction. Often if the defendant has nothing to give, then the plaintiff won't receive the judgment awarded.

Even if the charges are exactly the same, the results and subsequent penalties handed down can be drastically different in criminal cases and civil cases. Civil cases, while not nearly as dramatic to the media as criminal cases and even when a sum can't be awarded, can provide true closure for the plaintiff if the defendant is convicted.

Criminal Lawyer Fort Lauderdale provides criminal defense services to individuals charged with DUI. Criminal Attorney Fort Lauderdale also provides expertise in defending people charged with domestic violence and drug related offenses.

Monday, May 4, 2009

Personal Injury Law and Solicitors in UK

Most UK compensation claims are now settled using the ‘no win no fee' scheme which is technically called a ‘conditional fee agreement' (CFA). The solicitor panel members at www.legal-claim.co.uk only deal with claims using CFAs which came into existence following the Access to Justice Act 1999. Prior to then the there were two main methods of financing compensation claims being private payment and means rested legal aid. Private payment is now rare and legal aid is no longer available for personal injury claims except for medical negligence. The no win no fee scheme has effectively meant that justice is available to all in claims for personal injury following an accident. Most CFAs ensure that the claim is risk free for the client however the solicitor does take a financial risk relating to legal charges.
The ‘no win no fee' formula is employed in the UK by leading compensation providers such as Legal-Claim. The policy is operated by implementation of a conditional fee agreement or CFA. The CFA document sets out the terms upon which a personal injury solicitor will agree to deal with the claim on behalf of the claimant or injured party. It also sets out the obligations of both parties, which for the claimant generally include the necessity to provide clear instructions and to cooperate fully during the life of the claim.
At Legal-Claim, if your claim is successful:
• Your reasonable legal fees will be paid by the losing party's insurer
• Your disbursements such as expert witness fees, medical records fees will also be reimbursed.
• You will receive your compensation, which will include out of pocket expenses and appropriate future losses. These money will be paid in full 100%
And in case, you lose your claim:
• You do not have to pay your solicitor in respect of any legal costs they have incurred.
• If the case has been litigated you may have to pay your opponents costs but these again should be covered by the insurance policy.


John is well known author who writes for www.legal-claim.co.uk

Saturday, May 2, 2009

Laws of Services- a Public Servant Must Maintain His Family

Law of services-A public servant must maintain his family

People who are in employment and especially in public sector, they are bound to maintain their families and if they fail, they have committed a misconduct and on a complaint made by the family, disciplinary proceedings could be initiated against them and they shall get punishment as provided under the rules concerning punishment and appeal rules.

Every employee is given pay and allowances and even at times, employers provide him with living accommodation. The state pay him traveling allowance when he is transferred and in some organizations, employees are given some allowance for the education and training of his children. The state has provided that the employee must contribute towards General Provident Fund or pension fund so that when he retires from service, his family may get some support. The state has provided in rules that the families of people who die while in service or after their retirements, the families may get some pension so that they may not starve. Therefore, the employee must take care of his family and must see that they are not deserted.

An employee must follow the law of marriage and he must have only one wife living and excepting Mohamdans people in all other religions can have only one wife living and he can have a second marriage only when there is a divorce decree passed by a competent Court.

So the employee must have a look on this personal law and must ensure that they are maintaining their families well and he or she should not attract a complaint from the side of their families.

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Friday, May 1, 2009

Information For Riders And Owners - Horse Law

There are many people among us who are true horse lovers. They spend their precious time in horse related activities like training, riding, fooding etc. For all horse lovers, it should be known that keeping a horse is not an easy task. There is a law which deals with horse related activities known as horse law. If you want to own a horse for you as your hobby then you will have to follow the rules that are mentioned in horse law. A horse law typically deals with legal requirements of the ownership of horse. The stuffs like how to keep a horse and maintain it as per the rules. If you have owned a horse then you should have legal right to keep it with you. Incidents related to rides, trips, hunts etc are all part of horse law.

The horse needs to be registered on your name which means on the paper work, the horse must be known to be yours. Those lawyers who practice horse laws as profession are known as equine lawyers. If you are have some issues related horse ownership or any other then you must take appointment from an equine lawyer to overcome the issue. You should personally check and evaluate all the paper work done when you own a horse. If you are not serious at the time of buying then you may have to face serious issues in future. Generally, it has been found that one who is passionate about owning a horse are real horse lovers. They often use the horse for various purposes like riding, hunting. Moreover, you can also cherish the horse in a public trial.

You can also sponsor your horse in a trail, competition or a fair. During a public trail it also sometimes happens that a horse rider gets injured in an accident. To keep yourself protected from such conditions you can also get your horse insured. There are many companies who provide horse insurance services. You can search for one who provides insurance from veterinary bills to theft of track. Take a serious note when you are planning for horse insurance. If you are planning to bring your horse in a competition then you can hire a horse trainer who can teach various activities to the horse.

Owning a horse is not only a task, other than that you have to take care of other things like maintenance, food, veterinary care etc. Do look for a green pasture land around you where your horse can get enough hay. You must check the physical and medical conditions of the horse before owning. Get it properly registered by the proper registry rules. When you have decided to own or lease a horse but do not have farm then you have an option to board a horse. It means that the horse will be sheltered at fully equipped stable where all amenities, care, training will be provided by the trainer. You just have to pay monthly fee for the boarding.


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