American vs Commonwealth Rules (2 pages)

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American vs Commonwealth Rules

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Lecture number:
1
Pages:
2
Type:
Lecture Note
School:
Cornell University
Course:
Econ 4040 - Economics and the Law
Edition:
1

Unformatted text preview:

Econ 4040 1st Edition Lecture 1 Outline of Last Lecture None Outline of Current Lecture I American vs Commonwealth Rules II Civil vs Criminal trials III Types of Laws Current Lecture The American Rule vs the Commonwealth UK and Australian use American Rule each person pays for their own lawyers Commonwealth English loser pays for its legal fees and that of the opponent Possible predictions of the outcomes Fewer frivolous cases in courts with the Commonwealth More risk in the English system for potential losses but also may provide better evidence for better decision making due to increased risk taking Civil suits vs criminal proceedings In the case of the OJ Simpson trial following the criminal proceedings a civil suit for the loss of their murdered daughter found OJ Simpson liable for her death in spite of his criminal nonguilty verdict Criminal trial persecute following unreasonable doubt Civil trial persecute in the case that it is more than 50 sure of guilt In criminal trials right to double jeopardy burden of proof death penalty etc compared to civil suits These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Reasoning lots of false positives are reduced when persecuting under unreasonable doubt and our justice system would rather allow 10 guilty go free than to wrongfully put one man in prison Civil trial zero sum game who is going to pay Either OJ Simpson is compensated or the parents of Nicole Simpson will be compensated and this outcome is more neutral than one that requires unreasonable doubt Types of Laws Antitrust Laws dealing with monopolies Property laws example with a pig farm whose stench devalues the property of neighboring properties who is compensated in this case Torte law injuries and when the cause of the injury is unclear compensation is needed in the case of proving negligence Marriage law divorce proceedings and who is entitled to what Privacy



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