Civil Law vs Criminal Law

When the average layperson thinks about breaking the law, they by default are thinking about criminal law. However, there is also civil law to consider, which has its own set of characteristics. Here are some of the principle differences between civil and criminal law.

Legal Definitions

Criminal Law – In criminal law, the government will file the case. In order to prove their case, the burden of proof is always on the government. They must prove “beyond a reasonable doubt” that the defendant is guilty and win a unanimous decision from the jury.

Civil Law – Cases are filed by private parties in civil cases and deal with the disputes between people or organizations where compensation is awarded to the plaintiff. While Federal courts require an unanimous verdict, in most civil case the plaintiff only has to prove that the “preponderance” of the evidence favors them. This can also be referred to in simpler terms as “more likely than not.”

This varies from state to state though. In Missouri, the decision of the jury must be 9-3 for the plaintiff to win. But in Federal courts, the plaintiff must get a unanimous verdict.

Punishment Comparison

A defendant in civil litigation will not be incarcerated and certainly never executed. Losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant’s behavior. Either party (plaintiff or defendant) can be found at fault.

Criminal Law – The crimes are divided into two basic classes: felonies and misdemeanors. The defendant is found guilty when the jury decides unanimously in favor of the plaintiff. If they are found guilty, the punishment is a fine (paid to the government), imprisonment, or death, in states that allow for the death penalty. The decision is and dry: guilty or not guilty.

Civil Law – There is more flexibility with guilt in a civil case. Both the plaintiff and defendant can be found partially right or partially at fault. Either way, the party found guilty cannot be imprisoned and certainly not put to death. But if they are found guilty, they must pay what’s called punitive damages as determined by the judge.

The Appeals Process

Either party may appeal the decision in a civil case. However, in a criminal case, only the defendant can file an appeal. If the person(s) found guilty want to appeal, they have a limited time to file their appeal.

Excellent Defending Capability Of The DUI Lawyer Hampton VA

The DUI lawyer is generally hired for effectively tackling or handling the various legal; issues arising out of the DUI incidents. They basically defend their clients in the court of law in order to save them from all the legal accusations of DUI.Only an experienced and efficient DUI attorney can successfully defend their accused clients in the court of law. In Hampton VA, these lawyers provide all the necessary legal helps to their clients in case of DUI incidents.

Functions of these lawyers

The initial activity of these lawyers is to protect their clients from the initial arrest which is usually done by the bail system. They also protect their clients from the submission of the drivinglicenses and other important vehicle documents. They prepare the necessary documents and paper works on the basis of the collected evidences and the eye witnesses. They also produce these legal documents in the court in support of their clients. They also get into various legal arguments with the opposite government prosecutors for saving their clients from the accusation of DUI. They also work hard on the homework of the various legal clauses for strengthening the case in support of their clients. They also try to convince the judge and try to negotiate on the fees or penalty charges of their clients. The ultimate success in the court of law basically roves the experience and capability of the DUI attorneys.

Qualifications and qualities of these DUI attorneys

The defending activity of the accused DUI fellows is highly risky and complicated and needs a lot of legal knowledge and skills for effective defending. The competent defending dui attorneys should have basic knowledge about constitutional issues, various scientific theories as well as advanced trial techniques or policies. They should be highly qualified and knowledgeable enough about the standardized rules of the sobriety testing which includes the walk, turn and one walk stand testing as well as the testing of the gaze nystagmus.

This is because during the dui arrest the accused or the arrested beings are highly required to give this concerned test and have to pass it in order to prevent the further legal proceedings. These lawyers should also have necessary knowledge on the various legalities which is highly required to defend their clients in a n effective manner in the court of law. The NHTSA course is highly essential for knowing the details of the legalities involved in thesobriety tests. The DUI lawyer Hampton VA is highly efficient to apply the appropriate DUI laws for the purpose of defending their clients in the court of law.

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The Author Gracie Calaway is a professional writer, presently writing for

Surety law group supports during hard time

During these hard times with recession, lay offs and retrenchment burdened with a mortgage loan and a family to support, life is not a rosy picture to paint and it is tough going and thorns all the way. It all began when I thought I had lost everything when I lost my job, my sole means to support my family. Then I also began to lose my home. It was a painful and excruciating experience to go through these times. I attempted in vain to get help from my lender and work on modifying my loan, trusting that my lender had my best interest in mind. Unfortunately, it was a bitter experience. I had been working closely with them and providing all documents requested and was made to run pillar to post. Surprisingly, the person to whom I was assigned had comfortably forgotten me and it has been a frustrating whole year. To make matters worse my lender had even stopped accepting my payments and was trying to drag me into foreclosure court.

I had approached many Companies and Third Parties as I listened to the advertisements and it was just as bad. Thoroughly demoralized, I honestly was reluctant to place faith in these companies as it was a shattering experience. The good and bad story failed to infuse the confidence in me to approach them and was fighting a lone battle desperately.

It was at this juncture of life when everything was in doldrums and I had given up hope that I got a letter from Surety saying that they could possibly help. Not only did the step in and help me fight the foreclosure, they actually got a loan modification for me. Surety Law Group has been a pleasure to work with. To cut a long story short, I decided to take a chance with you guys, after receiving a few mailers and advertisements from different companies and law firms, I talked to a few places but felt best with the service provided by your representatives and gambled. I was walked through the entire process thoroughly and knew there was work to be done but felt good that I was not left to do it alone. A few months later after working with your firm I am now able to stay in my home and take care of my family. Thank you Surety Law Group for turning around a -hopeless situation- to a happy ending they lived happily ever after-.

I just want to say big thanks and express my sincere gratitude to Surety Law Group and the world of difference they made. It was a timely help which not only helped me save my family but also the near and dear ones and people closely associated with me. They have been guardian angels who came to my rescue at the hour of need just like Man Friday who helped the ship wrecked Robinson Crusoe marooned in an island In the ultimate analysis I found that Surety Law Group where thoroughly professional in their approach. They were systematic, methodical and helped in resolving the crisis by offering the right solution. More importantly, their empathy and support in the whole process makes them clearly a preferred solution provider.

The Stewarts

To get online support from Surety law group feel free to visit their official website: http://www.suretylawgroup.com/

Download Twilight Movie For Free – Available Legally

Any movie buff interested in teenage love stories with a supernatural touch to it will definitely vouch for the movie Twilight that is going to hit the movie theaters very soon.
**To Download Twilight Movie for Free visit the link in the resource box under this article.

The story is adapted from the best selling book in the same name by famed author Stephenie Meyer. The director Catherine Hardwicke has made sincere efforts in bringing to limelight the love story between a teenage girl and a vampire. Kirsten Stewart plays the role of the vampire obsessed teenage girl Bella Swan. Robert Pattison is the perfect choice for the role of vampire Edward Culler. The other star casts include Peter Facinelli, Billy Burke, Nikki Reed and Elizabeth Reaser. The movie is brought to theaters by Summit Entertainment and the Halloween music for the movie is by Carter Burwell.

Bella Swans dull approach to life is a bit different from the normal teenage girls in Phoenix high school. Seeing Bellas lazy attitude towards life, her re-married mother sends her to her fathers hometown in Folks, Washington for a change. There, her life takes a complete twist after she gets to know mysterious yet beautiful vampire Edward Cullen.

The romance between Edward and Bella blossoms and Edward has to be very careful in resisting his passion and vigor for Bella as it may lead to troubles in their relationship.

But all is not well when a family of vampires descends in the town to disrupt their smooth way of life. The action and suspense sequences that follow are really breathtaking and the efforts of all the technical crew in bringing this larger than life movie on the screen must be loudly applauded.

So, if you are a vampire buff and are really interested in knowing what happened to these lovers, then you can download Twilight movie for free from legal downloading sites by paying a nominal life time membership fee. This one time fee will provide you the access to download movies that you have died to own.

Some of the advantages that you will get if you download Twilight movie for free from full length movie websites are:
You can watch the movie at your own convenience as the movie will always be available in your computer.
You can also download Twilight movie for free and burn it in a CD/DVD and add to your movie collection.
The website is 100% legal and you can be rest assured that it will be free of adware and spyware.
The DVD that you have made will be compatible with any DVD player and the movie downloaded will be of high picture and sound quality.

Just log on to the following site (in the resource box), sign up by paying a small one time fee and you will be able to not only download Twilight movie for free, but many more full length movies of your choice.

Social Security Attorney In Indianapolis Will Get Your Case Through

With the assistance of an experienced and able social security attorney in Indianapolis, you can rest easy as all your worries would be taken care of ranging from the filing of a totally new claim to the re filing of claims that have been unjustly denied. The lawyers of the firm are more than capable of providing you with a strong case; thus ensuring that you will be delivered with justice and a bright future. You will be assisted with claim for social security as well as claim for supplementary income; thus giving you as well as your family a breather.

Social Security Claims

At the law firm, you can rest assure that you would be completely assisted by the professionals who are willing to go over and beyond in bringing you justice. The lawyer that would be appointed to your case would ensure that your case reaches a successful resolution at the earliest. To top is all, it would be even ensured that your case is dealt by a single lawyer that is appointed as this helps in forming a strong relation between the client and the attorney and is a crucial decider of the outcome that would be delivered in the case.

Getting to Know you Better

The attorneys at the law firm strictly believe that giving a personal touch to the case apart from the professional handling it is meant for can definitely give the much needed advantage which simultaneously ensures that your claims are much likely to pass through. The personal touch is ensured by allowing a single lawyer to work with the client from the start to the time when the case meets a favourable conclusion. The attorneys even engage the doctors of the clients so as to ensure that nothing is left unheard.

Qualifying for the Benefit

Not all the cases that are filed get passed for the claims; however to ensure that your case has a great chance of passing through, it is vital to ensure that the you get in touch with the qualified and experienced social security attorney in Indianapolis. There are instances in which the initial applications that are received by the social security management are rejected straight away; however do not panic and remain calm as the lawyers of the firm will ensure that proper re filing is done which can get the case through in the very first attempt.

Author resource:

The Author is conveying information about social security attorney indianapolis and disability attorney indianapolis You’re probably thinking, everyone says that, so, what’s different here. It’s the commitment of quality, genuineness, and a guarantee that values your time and interest.

You Might Qualify for a Grant for Improving Ontario Water

The current application deadline is June 30, 2012 and then there will likely be a re-institution of a similar program in several stages: four application periods for a water testing grant. Grant recipients are receiving up to 80% of eligible costs for things like upgrading or decommissioning a well; sealing and capping abandoned and unused water wells; connecting to a municipal drinking line – the funding goes toward labor costs, fess, materials, and supplies.

The Ontario Drinking Water Stewardship Program – Early Response program was created under the Clean Water Act (2006) to provide the funding for projects that protect municipal water supplies from contamination. Landowners in Well Head Protection Areas (WHPA) and Intake Protection Zones (IPZ) may be eligible to apply for grants to reduce the risk. Communities will be required to form a plan to protect the sources of the drinking water for the municipality and take action to reduce the risk.

From spring 2007 to spring 2010 there was twenty-one million dollars available in total for projects like decommissioning or upgrading wells, septic system inspections, runoff and erosion control, and pollution prevention reviews for businesses.

Surface pollutants can potentially get into ground water through abandoned, unsealed, or improperly maintained wells. The risk of contamination to local aquifers and drinking water sources can be reduced by upgrading, repairing, or decommissioning such wells. If a landowner has a well in an area that could contaminate groundwater of municipal sources, then he qualifies for the grant.

The protection of public water sources is refreshingly open to public participation. The planning process is open to the community; the act also requires that the plans and actions be based on good science. This has been the tradition since 1882 when they brought out the Municipal Waterworks Act to begin a municipal water system – paid for by municipal taxes rather than provincial funding.

The need for constant maintenance of clean water systems was made apparent by the Walkerton tragedy where, in May 2000 drinking water contaminated with E. coli and campylobacter bacteria killed seven people and made over 2,300 ill. A number of pieces of legislation dealing with preserving clean water were passed after Walkerton, including the Sustainable Water and Sewage Systems Act., the Safe Drinking Water Act, the Nutrient Management Act, and the Drinking Water Systems Regulation.

There are about two dozen laboratories licensed by the Provincial government to carry out water quality testing in Ontario. The Province has been a leader in clean water technologies through the participation of municipal, provincial, and federal governments. The safe treatment of wastewater and the access to clean drinking water are ensured by those laws. Municipalities first managed Ontario water systems in 1849 with the passage of the Baldwin Act (Municipal Act). Until that time water systems were owned by private citizens.

Farmers, landowners, and small and medium businesses can get financial assistance for activities that reduce threats of contamination to water sources. Protecting the water resources is everybody’s responsibility so there are dozens of laboratories licensed to carry out well testing and other water testing services to prevent a rash of deaths similar to Walkerton.

The second phase of the Ontario Drinking Water Stewardship Program started in January, 2011 under the supervision of the Ontario Ministry of the Environment that represents the province’s 36 conservation authorities. The second phase is voluntary and tackles specific threats to public water sources. Over 2,100 projects were supported by the ODWSP in its first four years.

Personal Injury Claim Plus A No Win No Fee Solicitor Plus A Recession Equals

A considerable swelling in the ranks of people who are now ready to fake personal injury claims to improve their income.

There is an increase in people making exaggerated or even false personal injury claims through the no win no fee system, is now a widely held belief amongst eighty nine percent of solicitors today, according to research results from LV.

Overstating injuries has been on the rise for the past 10 years say almost sixty percent of the solicitors involved, with almost half stating they have witnessed a surge in false claimants since the start of the recession.

Amongst the solicitors who have worked on suspect personal injury claims, over half say the claims are most likely to involve a car accident, with whiplash the most regularly exaggerated injury with post traumatic stress being the next most commonly falsified injury which is then followed by strained muscles.

The LV investigation established that sixty three percent of the legal professionals believe that television advertising of these kinds of services is one of the key factors for the increase in false personal injury claims, they also believe that those involved do perceive it as an easy way to make money.

Also according to the LV research, six out of ten lawyers now pore over possible clients stories very closely before deciding whether to take on a case.

One law business who specialise in fraudulent personal injury cases confirms what LV is saying is exactly what they themselves are experiencing, with their own investigation department stating that some forms of fraud are spiralling out of control.

If you are under the mistaken belief that personal injury claims fraud only affects the insurance companies then you are forgetting it is the ordinary citizen who has to make up the difference and LV have stated that this cost is 100 pounds per year and that figure is simply for car insurance.

The technical claims director at LV, Martin Milliner states that authentic cases are definitely a cause for compensation but reiterates that those drivers who choose to falsify or overstate injuries are in fact committing a crime and should be sought out by means of vigorous investigation carried out by the solicitors.

Applying Lawyer Strategies To Life

Using the skills, strategies, and smarts of lawyers, you’ll be able to more effectively coach your employees to optimal performance. Here are 4 great tips to help you give constructive feedback in such a way that you motivate positive and productive performance…

1. Give evidence of performance to employee. In litigation, prosecutors are required to turn all of their evidence over to the defense. In order to be fair to employees, supervisors need to do the same thing. Tony frequently received disturbing memos from his district manager about his poor performance on sales calls. “You failed to cover the Five Points for Sales Excellence with a customer last month. This is unacceptable.” Tony never received a monitoring sheet spelling out the discrepancies, never heard a tape of a recorded call, and he didn’t even have the opportunity to defend himself because the cowardly manager simply shot her message off in a cold blunt memo.

Giving feedback the way Tony’s district manager does is dangerous. It certainly isn’t motivating Tony to improve.

Moreover, because the manager has provided no proof of the calls – no score sheet, no recording of the call, no date or time, and not even one specific statement about Tony’s alleged ineffectiveness – Tony can’t even defend his performance.

When monitoring and coaching employees, ALWAYS turn over the evidence of the call to them. This evidence may include a recorded call, Mystery Shopper score sheet, detailed notes from customer’s account, etc.

2. Prepare for employee performance meetings in advance. No attorney would conduct a direct examination or cross examination without thoroughly and carefully pre planning their questions. I always prepare a loose script prior to meeting with employees about problem performance, even though I don’t actually read from my script. Writing the discussion out reinforces it in my mind and allows me to be less concerned with covering all the basis and more concerned with my employee.

3. Ask open-ended questions. Asking a juror if they are for the death penalty yields a yes or no answer, but asking her how she feels about the death penalty gives the attorney the opportunity to learn more. Just the same, asking your employee if she thought the phone call in question was good will yield a yes or no answer, but asking her how she thought the call went gives her the opportunity to expound. My favorite open-ended coaching questions include: “If you could do this call over again, would you?” “Tell me about that caller.” “Is there anything else about this call/customer that I haven’t asked, but need to know?”

4. Don’t allow the “Twinkie Defense.” In court, defendants may stand behind a theory of the case called the “Twinkie Defense.” This theory tries to throw the jury off the trail by blaming the client’s bad actions on something else – he ate too many Twinkies, for instance, and was on a sugar high when he killed/robbed/raped/molested and therefore is not responsible for his actions. You may have encountered the Twinkie Defense with your employees: “I was late because traffic was unusually heavy and then when I got here the elevator was broken, therefore my tardiness is not my fault.” Decide that employees will be held accountable for their actions and don’t allow them to hide behind the Twinkie Defense. In response to the Twinkie Defense, you respond with, “This is about individual responsibility – not trying to hide behind excuses.”

Deploy these field-tested and proven strategies and you’ll be coaching employees like a pro!

The Power Of Faith – Key To Mind Power And The Law Of Attraction

Faith is the key element to activate the power of mind achieve your desire. Once you become clear of what you exactly want develop a firm faith that your desire is coming your way. Hold a picture of your desire on your mind as if the desire is already fulfilled. This stimulates the subconscious mind to send positive vibrations to the universal power to manifest your desire.

The power of faith is strong that it send a conviction into your subconscious mind to bring you plans, people, and circumstances that resonate in vibration with your desire.

Therefore begin to see yourself in possession of your desire. Believe that you have it already. See all the wealth you want, the love you desire, the joy you crave and all the things you want to experience.

Thoughts in the ether accumulate to manifest into their physical equivalent. When you think about your desire, you are send out thoughts into the universal ether which permeates everything. Your thoughts become unified with those of the universal intelligence thereby accumulating similar thought energy and manifest in physical form within your environment. That is how the law of attraction work in bringing like things together.

It is important to avoid thoughts of doubt, fear and negativity because these thoughts are received by the universe just as good as the positive ones. If left unchecked these negative thoughts will attract to you negative outcomes.

So always hold firmly in you mind the picture of your positive desire with faith. Be certain that the desired good is definitely coming you way.

Affirm that what your mind can conceive and believe you can achieve because this is surely so. Do not let any negative thought quench your faith. Your faith is the evidence of the things you hope for, therefore guard it and hold it firmly until your desire is fulfilled.

The Importance of Legal Online Marketing

Law firms are in a unique marketing position because they have to attract potential clients only when those clients are in need of their services. This is where legal online marketing can help with the use of an effective SEO campaign. There are a number of benefits associated with reliable legal online marketing. First and foremost, potential customers need to know where to turn to during a stressful time. With legal online marketing, you will be able to reach your target audience when they need you most.

One unique benefit of dependable legal online marketing involves branding your business. With effective marketing and online promotion, your law firm will become more recognizable, which will encourage trust in potential clients.

It is important to reach potential clients before any competing law firms. Internet marketing will help you to become one of the first results on any popular search engine. This will allow you to generate a larger client base more easily and affordably than you ever thought possible. Internet marketing firms can help to generate web traffic for you so that your firm can focus on clients, instead of having to worry about advertising and marketing efforts.

Once you have reached potential clients, it is important to keep them interested in your services. A legal marketing professional can check your website’s usability, effectiveness, keyword usage, and overall look and feel to ensure that it is in the best position to interest clients. Legal marketing specialists can also make your marketing approach, advertising, and website unique from the competition.

About The Author:

The best thing to do to prepare in order to receive the best “>> legal assistance is to be educated about your rights in any kind of situation. It is usually due to the expense involved that people rarely get the help they need. ()

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