American vs Commonwealth Rules

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American vs Commonwealth Rules

Lecture number:
Lecture Note
Cornell University
Econ 4040 - Economics and the Law

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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 non- guilty 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 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 Econ 4040 1st Edition

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