Civil and Criminal Actions Essay Example for Free

Civil and Criminal Actions Essay Civil and criminal actions involve important aspects of the justice system, but the way in which each action is dealt with is different. In the early phases of the development of the laws, civil and criminal actions were dealt with in the same manner. Over time, law makers have developed differences in these two actions. The differences between them can be made by who prosecutes the cases, the details of the cases, and the outcomes sought in the cases. Civil actions involve differences between people where a person feels that another person’s actions caused him harm. According to Simmons (2008), most of the tort (civil) law is governed by a negligence standard. The object of civil actions is to address the harmful actions committed against a plaintiff by enforcing compensation from the defendant. The goal of civil actions is for the defendant to compensate and pay damages the plaintiff feels was incurred on him. Civil law cases can be brought before the state courts or the federal courts. (Simmons, 2008) In civil actions, the plaintiff usually files the case with the court. The attorneys for both parties will present their arguments to the court as to why they believe that the plaintiff or defendant should win in the case. The burden of proof comes from the plaintiff and the defendant must be able to disprove the evidence by the plaintiff. In civil cases, a vote of only 9 of 12 jurors is needed for a defendant to be found guilty. If the defendant is found guilty, the judge then determines the amount of damage or punitive damage cost that the defendant must pay to the plaintiff. (Simmons, 2008) Criminal actions do not require harm as a prerequisite. Criminal actions involve the breaking of laws and criminal offenses. The object of criminal actions is to address the crime that was committed by the defendant. The goal of criminal actions is to determine the guilt or innocence of the defendant and to punish him if he is found guilty of the crime. Criminal cases can be brought before local, state, or federal courts. (Criminal Cases, 2013) In criminal cases, the government brings charges against the defendant. The defendant who is charged with the crime is given a formal charge called and indictment or a charge called an information. The charges are usually presented at the arraignment. A preliminary hearing is then held with the judge to determine if there is enough evidence to prosecute the defendant. After the preliminary hearing, a defendant who has been charged with a felony may go before a grand jury. The grand jury determines if the defendant should be charged with the crime. The jury trial then proceeds where a prosecutor or United States attorney will prosecute the case and the defendant will have an attorney to represent him. (Criminal Cases, 2013) In criminal cases, the burden of proof lies with the prosecutor. The prosecutor must prove that the defendant is guilty beyond a reasonable doubt. After all arguments are presented to the jury, the jury will deliberate and determine if the defendant is guilty or innocent. A unanimous verdict is required in criminal cases for the verdict from the jury. If the defendant is found to be innocent, then he is released. If the defendant is found to be guilty, the judge will set a date for a sentencing. Sentencing in criminal cases is jail time and/or fines. (Criminal Cases, 2013) An example of a case that involves criminal actions and civil actions is if Brian intentionally hits Robert with his car. Brian and Robert have an argument because Robert is having an affair with Brian’s wife. Brian then gets into his car and hits Robert with the car. Robert is taken to the hospital with injuries and dies. Brian committed a crime or actus reus. Brian’s actions also included mens rea. Brian had a specific intent of causing harm to Robert and he purposely hit Robert with his car. (Lippman, 2007) According to Georgia law, Brian can be charged with murder in this case. The classification of the murder would be a felony. A felony is described as a crime that carries a punishment of imprisonment of more than one year. Brian will be charged with first degree murder in criminal court. First degree murder is when a person deliberately kills another person. Brian’s crime is mala in se meaning that the crime was dangerous for human life. Brian’s crime resulted in the death of Robert. (Georgia Code, 2013) After Brian is tried on criminal charges in the murder of Robert, Robert’s family can bring a civil case against Brian because of the harm that he did to Robert. Brian is a wealthy doctor so Robert’s family can sue for compensation to be paid to them for Robert’s death. The civil case can be filed and handled in federal court.

Thomas Jefferson :: History Historical Jefferson Essays

Thomas Jefferson â€Å"Thomas Jefferson still survives,† John Adams’ last words most definitely stand true, even today. Thomas Jefferson was a well-educated man with a wealthy and proper British-American upbringing. An excellent education was the beginning step to all the wonderful things Jefferson would do for our country. After college, he became a lawyer, and soon a member of the House of Burgesses. An intelligent writer and thinker, Jefferson, along with four others, was chosen to write the Declaration of Independence. Filled with Thomas Jefferson’s great ideas, the Declaration of Independence greatly influenced the Constitution.   Ã‚  Ã‚  Ã‚  Ã‚  After the Declaration of Independence was written, a fire sparked in the hearts of the Americans who had suffered from the King of England’s oppressive governing. A course of action had finally been taken against the King. New ideas spread regarding â€Å"life, liberty, and the pursuit of happiness.† The young nation’s hope of freedom was now becoming more of a reality than a dream.   Ã‚  Ã‚  Ã‚  Ã‚  In the years following, a Constitutional Convention was held in order to â€Å"form a more perfect union.† Models for the constitution consisted of forms of government such as the Magna Carta, which limited power of the king or government figure, and the Declaration of Independence. Ideas taken from the Declaration and Thomas Jefferson included points such as â€Å"We hold these truths to be self evident: that all men are created equal; that they are endowed by their Creator with certain inalienable rights, among these are life†¦Ã¢â‚¬ . By mentioning the truths that are self evident, Jefferson lets the colonists know that they do indeed have rights. The Declaration was used as a model for the Constitution, through its focus on equal rights, to remind us that all men are created equal, and should be treated with the basic respect human beings deserves, along with the right to choose our destiny.   Ã‚  Ã‚  Ã‚  Ã‚  Today, we know America as a nation of peace and refuge from the other tyrannous governments of the world. Once, our nation, as American colonies, experienced these same tyrannous behaviors from the distant King of England. Thomas Jefferson doesn’t hold back when mentioning the King’s unjust actions. As stated in the Declaration of Independence, †¦to a jurisdiction foreign to our constitution and unacknowledged by our laws , giving his assent to their acts of pretended legislation for quartering large bodies of armed troops among us, for protecting them by a mock trial for punishment†¦for cutting

Ethical Practices Essay

1. What are business ethics? Business ethics are rules of conduct, principals, and patterns of behavior in business dealings that involve doing the right thing. An ethical business is a business which embraces universal morals and strives for equality of every job and workplace. Although laws and policies are different in every country, some have lower ethical standards than others which for example can promote child labor, unsafe workplace, and many other approaches which can harm a quality of a workers life. The unethical businesses save money in cutting corners through ethic standards. But unfortunately many companies rely on factories based off unethical work to keep them in business. In some cultures unethical work is recognized to be normal such as child labor in an underdeveloped countries while here it is against the law and seen as inhumane because of how our culture is conditioned here. 2. Give two examples in which Primark is operating in an ethical way. Provide two additional examples of ethical practices or behaviours in a business not associated with retailing or clothing. Primark operating in ethical ways: – Primark bases its code of conduct on the International Labor Organization (ILO). The code of conduct provides an ethical standard code which enforces safe, labor free, and security in work. – Primark provides audits to it suppliers to follow up and ensure the supplier is maintaining ethical practices. Additional examples: – To have no tolerance for discrimination in the workplace. Every race, culture, and gender is treated equally in every work environment. For example in an auto business a women is respected on the same level as men are. 3. Why is it so important for businesses to operate in an ethical way? Explain your answer by referring to the fashion industry. It is so important for businesses to operate in an ethical way because it represents how a company is run in all aspects. 4. In what ways could ethical business practices incur costs to the business? Evaluate the extent to which the benefits to a business of operating in an ethical are likely to outweigh the costs. Ethical practices will cost a business. When a company is ethical it builds confidence in the brand and its reputation, which shareholders are pleased to see. Also, it reduces the risk in bad reputation from bad publicity. In addition, many companies chose to save money and cut the corner with ethical standards. Although the benefit outweighs the cost because overall if a consumer understands and can view the company’s transparency they will be more confident in purchasing products or services from the certain business. Therefore, this will increase a based clientele due to their information of how your business runs and that their purchase adds to promoting standard work ethics. For example if you told a customer that a pair of pants cost a few dollars more than the other ones, but explained that the cheaper pair is made by an 11 year old child working in factory for 14 hours a day getting paid pennies to produce the garment or a woman who made them and she is receiving proper incentives and benefits for working for the company to support her family. I believe every costumer would chose to pay those extra couple of dollars. This is why consumers should push for company transparency, to allow you to see what you really pay for! Therefore, for established company ethical standards will cost more to maintain but in the outcome more customers will be attracted and you will build a loyal client base due to many people who are against ethical issues.

The Thin Commandments A Guide to Anorexia Nervosa

In today’s world, the pursuit of thinness has increased due to the association it has with physical attractiveness and body perfection. Society, particularly the Western culture, idolizes thin body size as the ideal body image. And as a consequence, eating disorders can develop when people take this to the extreme. Scholars have looked at all forms of persuasive tools that can explain the popularity of anorexia nervosa. From language use (Burke, 1966) to the power of culture in terms of presumed knowledge (Dumit, 2003) and its increasing interest in the ideal body image of the Western culture (Vandereycken and van Deth, 1994). Kenneth Burke’s â€Å"Terministic Screens† (1966) uses the metaphor of camera lenses to explain that language and words†¦show more content†¦The website sample that I selected was obtained by typing in â€Å"pro-ana websites† on the Google search engine, where I started by scanning through the caption for the website and then reviewing the summary listed underneath it. Looking though a variety of pro-ana websites and examining their suggested websites brought me further into the world of pro-ana. By following links on these websites, it took me to a more â€Å"invisible† pro-ana websites, which cannot be found by simply putting it in Google. After analyzing and comparing the differences between possible websites, I decided to choose this particular one not because it is better; in fact, they all contain similar content. I chose The New Pro Ana Mia Nation simply because the web link indicates that the website is operating in Canada and hence reass ure me that the blog comes from the Western culture. Results: Thin Commandments 1. If you are not thin, you are not beautiful 2. Being thin is more important than being healthy 3. You must buy clothes, cut your hair, take laxatives, anything to make yourself look thinner 4. Thou shall not eat without feeling Guilty 5. Thou shall not eat fattening food without punishing afterward 6. Thou shall count calories and restrict intake accordingly 7. What the scale says is the most important thing 8. Losing weight is good, Gaining weight