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Ask Steve Herrod Your Own Question

Steve Herrod
Steve Herrod, Master's Degree
Category: Writing Homework
Satisfied Customers: 1213
Experience:  Masters in Literature and a Bachelors Degree in French with Management
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Please help by answering the legal questions related to criminal

Customer Question

Please help by answering the legal questions related to criminal law in the attachment. Thank you for your help.
Submitted: 1 year ago.
Category: Writing Homework
Expert:  RobertJDFL replied 1 year ago.
Thank you for using Just Answer.
I see no attachment with your question, unfortunately. Can you try to attach it again in your reply?
Customer: replied 1 year ago.
okay. sorry. here it is. http://www.mediafire.com/view/ng4rx7m2ettxx8k/_101_3.docx
Customer: replied 1 year ago.
I apologize but i was wondering if it is too much to have by thursday at 9:00 PM EST.
Customer: replied 1 year ago.
If it is not possible let me know. The end section Is not needed until Saturday at 9:00 pm. Thank you for any help.
Expert:  RobertJDFL replied 1 year ago.
I didn't realize this is for an assignment, I'm sorry. I'm going to opt out of the question and ask a moderator to move it to the "homework" category, since it actually belongs there.
Please do not reply to this information request, as it will only send the question back to me for an answer, which will delay another expert being able to pick it up. Thank you. You'll be notified when an expert has responded.
Customer: replied 1 year ago.
URGENT. I need this in 24 hours!! Is there no one who can respond to the first part?
Customer: replied 1 year ago.
1. Is a jury trial a guarantee in a Civil case? Why or why not? How does one go about getting a jury trial in a Civil case? Who bears the cost of the jury? What is your opinion of all of this?
2. We have learned and discussed that the burden of proof in a Civil trial is that a party must have the "preponderence of evidence, as produced by legal and credible evidence". Why is this a lower threshhold, as opposed to a Criminal case?
3. What might the punishments be in a Civil case? What do these mean, and how are they both used. Why would one seek that they must have an in equity solution to a Civil case?
4. More than 85% of Civil cases are settled without a trial. What might be some of the reasons for this? What considerations might a client wish to know prior to going to court? Must the client follow the recommendation of the attorney? Who has the final answer to how one will proceed into Civil litigation in the court? Why do you think that this is so? What is the obligation of the attorney if the client wishes to proceed against the attorney's advice?
QUESTIONS: Part 2
1. We define those things that are not Criminal as Civil procedings. Many of the very same procedural rules are used in both areas. Also, there are some things that are in both of the systems, just described somewhat differently (and remember the burden of proof required). There is an area of Torts (Civil wrongs) that are called Intentional Torts, and they also are illegal criminally. For example, when we remember the O. J. Simpson case(s) of almost 20 years ago, we see him acquitted of murder criminally, yet convicted of Wrongful Death (the name of the Tort) civilly.
Please show how this can be done, and relate how this does not constitute double jeopardy. How might one determine the damages in the civil case (hint - what was actually destroyed, not including the death of two persons)? Once proven by a preponderence of the evidence, what might this lead to as further punishment? Is prison an alternative? Why or why not?
2. How might you recover from a person who has intentionally punched you, and has been convicted and sent to prison? If you can prove that he has funds with which to recompense you for your damages, where, and in what Court might you start proceedings. (In some States it might be Assualt and Battery, or in others merely Assault). What would be your principal evidence, and how would you assert the value of your damages. What do you think might be your chances to win the case? Why or why not?

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