New version page

CORNELL ECON 4040 - American vs Commonwealth Rules

Type: Lecture Note
Pages: 2

This preview shows page 1 out of 2 pages.

View Full Document
View Full Document

End of preview. Want to read all 2 pages?

Upload your study docs or become a GradeBuddy member to access this document.

View Full Document
Unformatted text preview:

Econ 4040 1st Edition Lecture 1Outline of Last Lecture NoneOutline of Current Lecture I. American vs Commonwealth RulesII. Civil vs Criminal trialsIII. Types of LawsCurrent LectureThe American Rule vs the Commonwealth- UK and Australian useAmerican Rule- each person pays for their own lawyersCommonwealth/English- loser pays for its legal fees and that of the opponentPossible predictions of the outcomes:Fewer frivolous cases in courts with the CommonwealthMore risk in the English system for potential losses but also may provide better evidence for better decision making due to increased risk takingCivil suits vs criminal proceedingsIn 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 non-guilty verdictCriminal trial- persecute following unreasonable doubt Civil trial- persecute in the case that it is more than 50% sure of guiltIn criminal trials right to double jeopardy, burden of proof, death penalty, etc compared to civil suitsThese 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 prisonCivil 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 doubtTypes of LawsAntitrust Laws- dealing with monopoliesProperty 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 negligenceMarriage law- divorce proceedings and who is entitled to whatPrivacy laws- how much privacy do we as citizens have a right


View Full Document
Loading Unlocking...
Login

Join to view American vs Commonwealth Rules and access 3M+ class-specific study document.

or
We will never post anything without your permission.
Don't have an account?
Sign Up

Join to view American vs Commonwealth Rules and access 3M+ class-specific study document.

or

By creating an account you agree to our Privacy Policy and Terms Of Use

Already a member?