Description
As you study Business law, you will realize that law is an important area for the business person. There are two main branches of the law, the civil law and the criminal law and both may affect a business. There are differences between the two branches and one difference is the standard of proof required if a dispute goes to court.
a. Explain what is meant by the burden of proof and explain why you think that there are different standards for a civil action and a criminal action. ( 2 marks)
b. Give one example of a civil action and one example of a criminal action that could arise in a business situation. By giving an example, explain how the same wrongful conduct can give rise to both a civil and criminal action. ( 3 marks)
c. From the following identity if the answer is true or false (note no explanation is necessary)
i. In a civil case the state raises the action. True or false
ii. In a civil case an individual can represent themselves .True or false
iii. In a criminal case there is always a jury no matter the crime. True or false ( 3 marks)
d. Using the website www.canlii.org find the Constitution Act 1982 and explain under section 10 (a) only, what right a person has on arrest or detention AND explain under section 11 (d) if an accused has to prove their innocence.( 2 marks) Do NOT cut and paste you answers.
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Explanation & Answer
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Running head: LAW AND CONTRACTS
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Classification of Laws and Contracts
Name
Institution
LAW AND CONTRACTS
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Question 1
Explain what is meant by the burden of proof and explain why you think that there are
different standards for a civil action and a criminal action. (2 marks)
In a lawsuit, the burden of proof refers to the obligation to present evidence on the
subject of the criminal charge or lawsuit. In a criminal trial, the offense is always against the
state or federal government, and the burden is in the prosecution while in a civil suit, the crime is
against another person, and the responsibility lies on the plaintiff, and it may shift on the
defendant (Herring, 2018). The standard for criminal activity is usually higher because the state
has to prove beyond any reasonable doubt of the activities while in a civil action the standards
are lower because the plaintiff and the defendant are available to respond to the lawsuit and
prove the facts (Kwon, 2012). In other words, criminal actions have severe punishments which
make it more demanding to proof accurately while civil action has less punishments
Give one example of a civil action and one example of a criminal action that could arise in a
business situation. By giving an example, explain how the same wrongful conduct can give
rise to both a civil and criminal saction. (3 marks)
In a business situation, both civil action and criminal action can occur at the same time.
One example of a civil action in business includes a breach of contract from an employee or a
supplier. An example of a criminal action include such as forgery, and in many cases, crimes in
business are always white collar crimes. The same action can result in both criminal and civil
litigation. An example of such an action is a fraud. Fraud is a crime that is always confused as a
criminal and civil action. The primary difference between civil fraud and criminal fraud revolves
around who is pursuing legal action in the case. When prosecutors pursue the fraud it becomes a
LAW AND CONTRACTS
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