Making the distinction between Criminal & Civil Law Cases


media has been inundated with big and sensational criminal law. Many have heard of these types of cases, but less known civil law case leaves many baffled. What is the difference between criminal and civil law matters involved? The reason criminal cases the law get so big consideration is that they are usually much more sensational and get the kind of speech that generated news to do. Private, by comparison, not as many shocking twists and turns and the stakes are not nearly as high. But there are even more differences between the two cases, as you will see.

One of the biggest differences between criminal and civil law case is punishment meted out. Depending on the severity of the crime, a man in a criminal case has more at stake. If convicted, a person accused in a criminal case can be jailed for a very long time and even face the death penalty. Crime in the criminal case is divided into two categories. The first are classified as felonies and carry serious penalties. The second category of criminal law are misdemeanors. These are generally less crime and lead a lighter punishment. Topping the list of felonies is a first degree murder charge. This comes with the risk of the most severe form of punishment. A person found guilty of a misdemeanor will most likely get a penalty in the form of fines, probation or a short time in prison.

In the civil case, the accused will never get punished like a person convicted of criminal case; even if the crime is just as serious. A person involved in a civil law case can not be sentenced to any jail time, no matter how short. Money, or damage, it is sought in a civil law case.

There are also different ways issues will be presented in a civil law case against criminal matter. In criminal cases the law, the plaintiff must build the case against the defendant and to prove guilt beyond a shadow of a doubt. The defendant is presumed innocent until there is proof has been reached and the jury has been convinced of the guilt. In civil cases, the burden of proof is much less. If the jury believes that it is reasonable for the defendant to be guilty, then the verdict to be handed down. The burden of proof only need to be over 50% in civil law cases. If the defendant is found guilty and sentenced to pay a large sum, the plaintiff could never see this money if the defendant does not have it. This difference remained even when the crime committed is the same.


Criminal Law – aim


Criminal law is perhaps best known because of the impact it can have on society and on individuals if not respected and followed. The consequences are severe and can range from several months to several years of jail time, the implementation of certain countries and regions, it as harmless as hired labor and community grant (which could actually be hundreds of hours of unpaid work).

In most Western countries, physical punishment is never delivered, but some East have this as a standard response in criminal law system. Where jail time is needed, Isolation is a possibility. National incarceration can be a lot of the above, and it really depends on many factors, such as carrying the “guilty mind” principles and the extent to which the community has been affected by crime execution. In some countries, life-long imprisonment is not uncommon for serious offenders in states where the death penalty has been outlawed.

control may be necessary in some cases, it may be in the form of house control (also known as house arrest), with the convicted party has to comply with specific criteria as part of probation or parole proceedings. Money can be seized and the property also. The convicted person or persons have very little say in what is kept and what is it in the state of residence or business. Enforcement of the criminal law applied is classified into five separate groups: Retribution, deterrence, renal, rehabilitation and recovery. The value of each of these methods is largely determined by the jurisdiction oversee legal procedures.

Retribution is the principle that criminals should suffer in any way. This is a goal that is sought out by state- and victim appointed barristers and lawyers. Once criminals have taken an unfair advantage over others and, with respect to only themselves, made their victims’ lives worse, it is only right that they themselves suffer in one way or another. In some Eastern countries it is literally eye for an eye, and in the western world is not allowed to say in as many words but many cases from the ’90s and’ 00s show will Western legal system to follow Eastern counterparts.

One other form of punishment is dysfunctional. This is usually achieved by subjecting convicted members of the long terms in prison to keep them away from the public so no similar crimes can be carried out by the same person for the period of their imprisonment.


Cancellation of debt income and new rules


Imagine taking out loans and make regular and timely payments on the loan unforeseen circumstances occur such as job loss or personal illness. You inform the lender and explain your situation. Fortunately, the lender agrees to forgive a portion of your loan. However, you discover when you file your annual income tax return in the amount of the loan that is forgiven is considered income and taxable. This is called cancellation of debt (“COD”) income, unsuspecting conclusion that we should all be aware that especially in the current economic climate.

Under section 108 of the Internal Revenue Code and subject to limited exceptions, amounts due to discharge debt (which is equivalent to a loan forgiveness) as part of the gross income of the taxpayer. Exceptions to this rule leverage release (1) in accordance with the bankruptcy continues, (2) the taxpayer is bankrupt, (3) by non-corporate taxpayers if the debt was incurred or assumed by the taxpayer in connection with real estate used in business activities and the debt was secured by real estate, or (4) is qualified principal residence indebtedness is discharged before 1 January 2013.

New COD Income Deferral Rules

The August 11, 2010 Treasury Department and IRS released two sets of temporary regulations on rules under the Internal Revenue Code section 108 (i) of COD income incurred by C corporations ( see TD 9497 and reg- 142800-09) and S companies or partnerships ( see TD 9498 and REG-144762-09) with respect to the repurchase of existing debt instruments, made in 2009 or 2010.


provisions of American Recovery and Reinvestment Act of 2009 (as codified in the Internal Revenue Code section 108 (i)) allow certain taxpayers to repurchase certain debt instruments in 2009 and 2010 to elect to include specific COD income ratably over 5 years starting in 2014. The taxpayer may repurchase its own debt or related entity acquired debt. The debt can be acquired for cash, in exchange for new debt or equity, contributed to capital or forgiven.

An the bond is a debt instrument issued by the C company or other entity in connection with the implementation of economic activities by such person.

If the unit that made the election were to liquidate, sell most of its assets, or otherwise stop all business functions, COD was recognized at the time. Similar acceleration rules would apply to the spouse or S corporation shareholders who performed interested partnership or S corporation that had elected the suspension. The rules would apply to partnerships.

August 17, 2009, the IRS issued Revenue Procedure 2009-37 provide rules and procedures for making elections under the new code section 108 (i). The IRS added that additional guidance may be among their own policies addressing issues of revenue procedures and regulations may be retroactive. The income approach provides :.

– Taxpayers make the election are providing additional information yields starting the year after the year in which the election is made

– Cooperation room to make the election of a company-by-partner and debt demand debt basis

-. The automatic 12-month extension of the due date of the election to make the election under Treasury Regulation section 301.9100-2 (a)

-. Methods that a taxpayer may make a protective election under Internal Revenue Code section 108 (i)

The Temporary Regulations

C Corporations

Temporary regulations C companies generally reflect a narrower interpretation of the statutory events acceleration and rather focus on the events that impair the ability to pay tax liability related to deferred revenue. These temporary regulations do not require acceleration in all cases apply the rules in three cases the companies have reduced their ability to pay their tax liability. These three cases are:

– When voting company changes the tax status

– When it stops the corporate existence of its trade rules relating to the transfer of properties in a particular law. The acquisition of the Internal Revenue Code section 381 (a) does not apply to

– .. When it conducts business, which reduces its ability to pay the tax liability associated with the COD income

Cooperation and S Corporations

A second set of temporary regulations were issued on the application of Internal Revenue Code section 108 (i) to partnerships and S companies that have made this choice. Acceleration rules applicable to partnerships and S companies differ from those that apply to C corporations, and include the following:

– Rules determine whether the sale of voting partnership or S company of some, but not all, of its assets includes sales, exchange, transfer, gift or substantially all of the assets

-. Rules of the sale of assets in a tiered arrangement cooperation

-. Property for sale, gift. or other measures on the part of the holding in voting partnership or S corporation

– Rules on the transfer of voting cooperation of all of its assets to a partnership in transport which includes the contribution of assets to the Partnership. exchange for interest in cooperating

-. Rules on the transfer of voting partnership or S corporation assets in similar kind of exchange

Temporary Regulations also provide the following with respect to prefer cooperation and elect S Company

– Five harbor where a debt instrument issued by a partnership S or companies deemed to be issued in connection with the trade association or S corporation or company for the purposes of the Internal Revenue Code section 108 (i)

-. The rules for the allocation of cod income to partners and S corporation shareholders

-. Rules for the company or S corporation shareholder adjusts its foundation in companion objects or S corporation stock to account for their involvement in the deferred COD income

– .. rules governing how the capital accounts of a partner should be set to account for sharing partners for cooperation deferred COD income

– rules to prevent 108 (i) election of triggering recovery of losses due to Internal Revenue Code section 465 (e).


These new rules COD income deferral will provide benefit to many taxpayers. However, careful review of current and future projected income of the taxpayer is required to determine whether to Section 108 (i) election is precious. Some taxpayers do not have to take the election as they may be able to shelter COD income through insolvency or bankruptcy. Because of red tape to prepare the return and information reporting requirements in recent years, it could significantly increase the burden of record-keeping and compliance related to the application again. Regardless, this election may still allow for significant opportunities Suspension and should be considered.


Article Corporation


Articles of Incorporation is the basic charter of the corporation generated and name, incorporators, the basic purpose of forming such a company, the types of stock and the amount of stocks that could be issued and any such important qualities as being a non profit corporation, etc. Articles are sometimes also called certificate of incorporation that is essential to set out certain useful information such as the mandate declared by law. Even though the law of any state or province are different, the main rationales behind the formation of the company and debt or shareholders’ rights as well as its manager are some typical set necessary to submit the document. Public kind incorporating a limited company is prescribed by some states.

company comes into existence when implementing Article is filed with the Secretary of State. There are some jurisdictions where formal incorporation certificate is attached to copy the form of articles and is issued to the applicant before the entity is given legal status in the form of a limited liability company. Each of the state government have their own system of lies or accept articles are prohibitions on keeping the names that are misleading or are similar to existing businesses. There are some specific need expressed for charity organizations such as educational, charitable, public service or religious trust and organized them for the issuance of shares of stock. Articles must be signed by incorporating a person or persons or of the first control. There are major stock issue which requires an application submitted to the Securities and Exchange Commission. The initial point to begin the process of filing and approve articles of incorporation of the company is the general secretary of the state. There is usually a fee or deposit of estimated tax in the first year.

Those who are new to the world of business should have knowledge of the statutes. In Canada and other common wealth of the country, it’s slightly different. They are usually of such papers are legal documents required to register with the provincial, territorial or federal government to highlight the purpose of their business and the position of their business. This is an important document for the formation process of a company. The forms for filing such things for incorporating a business are available from organizations such as the office of the secretary of state or the state concerned. These offices also have their websites to allow you to download the form online to incorporate your business. To fill out the form for the Act installation, you can take the help of examples of such items or samples of articles and then consult with a lawyer or attorney to confirm the correction establishing the form before sending it to the application.


How to Copyright a Blog


Blog is a type of website that is very powerful and has a constant stream of fresh content that appears in the form of pages, posts and comments. As a very spread outlet for information and expression, question Lawyers copyright frequently is, “How can I protect my blog?” To protect a single article or a book, all you have to do is to file a copyright and you would be. However, where the content of a blog is constantly being changed and updated, it means that there is also a constant need to protect new or modified materials. The one copyright is not enough to protect your blog.

There are two methods of obtaining copyright protection blog. The first approach is to treat your blog like a journal, and the second is to look each article individual work. In order to maximize the protection of your blog, the best way to take is to treat each article, page, or send the blogger writes that “original work of authorship, fixed in tangible form” that warrants its own copyright registration. However, with each application cost $ 45 if done pro, or $ 300 if filed by a lawyer, to use this copyright approach can become very expensive. If the blogger will be syndicated columnist, then each copyright work is done for licensing and protected.

if the blogger writes numerous short posts and engaged in ongoing discussions about the comment response, the single application program copyright is not very realistic. In cases like this, wise approach to take would be to file monthly updates copyright for all the blog, including all recently added to its contents, and “renounce” claim rights to any content blogger does not own, such as third-party comments. If the new material is a blog happens daily, as a newsletter or newspaper, then form the SE or form GD can be recorded, and blogs will be treated like magazines.

Whether blogger decides to file copyright to every article or regularly on their site that it updates its content, there is one additional kind of copyright to take into account – the user interface (the “UI” or “GUI”) . However, this is not the way most people take.


Copyright – What Does Copyright Protect


as a publishing coach, I often get questions about copyright. People are confused about what it protects, what they need to do, if they need to add comments such as “All rights reserved” on materials etc.

An important thing to note about copyright is exactly what you can copyright. In principle, you can only copyright particular expression of ideas, not the ideas themselves. You can not copyright titles, oddly enough, you possibly can brand them.

When you create a work, it is automatically protected by copyright law. Here is the relevant paragraph from the US Copyright Office

“under US law, copyright protection builds its income from work is fixed in any tangible medium of expression that it can be perceived, reproduced, or otherwise communicated either directly or with the aid of a machine or device. Copyright registration is not mandatory, but it has important benefits. “

Because the work is copyrighted when it is created, you are not completely even after the Copyright Notice (including ie. the copyright symbol and date).

The main reason, in my opinion, putting copyright is to remind people that this is copyrighted material. The website where you’re selling something, you do not need to add “All rights reserved.” However, if the site contains valuable materials that anyone could want to copy, say, create a profile with your content.

something the public as a blog or website, say if you are giving away to show that you know what you’re talking about, it makes sense to add “All rights reserved” copyright notice. In fact, in such cases there is a slight indication that info is valuable

So -. For direct sales copy, no. For valuable content, yes. And nowadays, I think content is what sells, so the lines can blur.

For information products, such as Special Reports and books, mini courses, etc., you definitely want to include “all rights reserved.” It is not legally required, but it is a reminder to other people that this is in fact copyrighted material and they have no right to copy it or distribute it.

In all people download from my site, paid or unpaid, for example, I spell clearly in the front pages of what people can and can not do with my stuff – whether they can pass it or not, they can not copy it, sell it, etc.

Many people seem to think that if something on the Internet, it automatically free content that they can copy and redistribute freely. This is not the case, and a sign post copyright, date, and “all rights reserved” is a reminder to readers that this is content.

For me, often more of us to remind people that the better.


How Do Police Investigate Cyber ​​Bully Case?


Have you ever wondered how the police in real life Trace mail and locate and identify cyber stalkers? Is it really like they show on the TV CSI cop show? Unfortunately, not in real life there are many restrictions on local police when it comes to locate and identify cyber stalkers. On tv you will see high tech computer crime lab full of expensive equipment and manned by dozens of officers. In fact, a local police dept computer crimes unit can be as small as one officer and one computer.

Wen victim Cyber ​​Bully will be concerned about their safety and well they will usually turn to the local police dept. When the police take compliant several things can happen. hey can choose to investigate further think it is not serious enough threat to devote manpower and resources to investigate further.

If they do not consider it a serious threat they may waive your case to an investigator, perhaps in their computer crimes unit, or maybe just an investigator who normally investigates harassment and persecution cases.If crime crosses state lines, they may refer the matter the federal agency like the FBI to investigate. the nature of the threat and other factors.

But the typical reactions which law enforcement is usually the same. They will examine the mail threat by opening up heads and get the IP address in the header. Then they will take this information and use common tools such or running IP address through the “Whois” feature and discover what Internet Service Provider (ISP) is associated with the IP address or Internet Protocol address.

At this stage of the investigation law enforcement has a huge advantage because they can take a documented threat or harassment in the form of email and present it to a judge that probable cause to issue a search warrant. As a warrant will be served guardian Records ISP, they will be compelled to turn over detailed information on the collection, location and function of the person or people associated with the IP Address.

problem for law enforcement at this stage is to prove who the real person was physically on the keyboard at the time of the alleged crime occurred. The suspect can claim that he was not there that day, many borrowed computer or several individuals living at the address they call shared computer. This is why it is so difficult for law enforcement to arrest people and accuse these kids cases without getting a confession from the suspect. Unfortunately, it is not as high tech as fast as you see on TV crime shows where the police are able to use some kind of program to instantly recognize a person by email or IP address.

Copyright (c) 2011 Opperman Research Inc


Ten important things in cyber law


Cyber ​​Law focuses on the legal issues of the Internet and all the devices connected over a network, just use them in order to prevent and control cyber crimes. Since the Internet is worldwide as the rules and regulations are a bit cloudy but we need to keep in mind a few things to ensure that we are using the internet in a safe and proper manner without causing trouble.

1. jurisdictional boundaries of the Internet may not be clear, but users are bound by the laws of the jurisdiction of the area where they live.

2. Do not access websites that may not be approved by the jurisdiction in your area.

3. Do not put anything offensive material that can cause anger among other internet users. Articles with offensive tone on sensitive subjects such as religion, politics, etc., uploading child pornography and other offensive material is considered a crime in many countries and is punishable by the law of the land.

4. Illegally download and distribute protected items as intellectual property and copyrighted articles is cyber crime and those who are caught engaging in such activities can be prosecuted.

5. Repetition of material or software from CDs and DVDs that are copyrighted and dissemination of the Internet is punishable.

6. Stealing user information (phishing) and simulate user (ID theft) is serious cyber crimes.

7. Sending bulk messages can affect network and jam mailbox called spam. The US introduced CAN-SPAM Act t 2003 makes prosecution of spammers.

8. Sending malicious code such as viruses and worms through websites and e-mail is cyber crime can cause serious damage and anyone caught engaging in the act can be severely punished.

9. Any site that allows users to download content without acquiring the right sources can be prosecuted or even to do to close. was closed for similar reasons.

10. Illegal banking transactions via the Internet, any dangerous individuals who might pose a threat to national security is cyber crime will be considered as a breach of national security and those caught engaging in such activities can be punished by the government .

Even though Cyber ​​laws are not very clear to everybody rise Cyber ​​crime rate has pushed governments to introduce Acts that would apply to the cyber space at least within their jurisdiction. The governments of the US, UK, Canada and China have implemented the Cyber ​​Act to control cyber crimes. Other nations that have followed in introducing cyber laws are India, Australia, Malaysia, Iran, Iraq, Indonesia, Thailand, etc. Among all these countries China comes to be the highest law of the use of the internet.


Civil vs. Criminal Law


One of the key distinctions in the law between civil law and criminal law. Although it is sometimes significant gray area between these two branches of law, the major difference between the two is that the civil law deals with disputes between individuals, but criminal bid law to persons who have broken the law that dictate certain behaviors, and are therefore considered to be an affront to society and the state.

In civil law, there are usually two parties to lawsuits that are looking for a solution to some kind of dispute. For example, a person who has been injured through negligence of another person, such as in a car accident, is seeking some sort of compensation for their injuries and loss. Also could be a person who is suing the other party in a contract dispute, so that the person who is suing the builder for not properly complete the promised work, or maybe a builder who believes he has completed work properly but is not being paid. In these types of cases, both sides will present their case, and the court will try to find a fair solution to the dispute, usually by ordering a party to pay compensation to the other party. Civil law is a very broad area of ​​law and can come out of many cases including employment relationships, landlord and tenant relationships, business, and even family relations and child custody.

Criminal law is very different. In criminal cases, one party is the defendant, or the person who is accused of committing a crime or violation of law. The other person is usually the prosecutor that shows the state or the people. In the criminal case, the prosecutor must prove beyond reasonable doubt that the person committed the crime, and the defendant presents his defense. The court or jury decides if a person is guilty or not guilty and he will judge the man to any penalty for their crime is usually either a fine or imprisonment.

In addition to these major differences, there are many procedural differences between criminal and civil law. There are usually different rules of evidence, rules, and the burden of proof, and cases are normally held in different courts. It is therefore important to be represented by a lawyer who has experience in the practice in the relevant area of ​​law you need representation.


Criminal Law – what is the standard of proof



The common law system used in the legal system such as the UK, USA, Canada and Australia is a very important principle of criminal law, which has been in the legal system of these countries that is was first developed in the original England common law system. This principle is the defendant in criminal proceedings has the protection of the presumption of innocence. A defendant in the legal systems of these countries is innocent until proven guilty. This contrasts with the system of patents that have been adopted in continental Europe in countries such as France, Italy and Germany, which have been inquisitorial system of justice where the judge can collect evidence independent party of its own research and his men in order to gather evidence.

So what does the presumption of evidence mean in terms of experience? This means that the prosecution must prove that the defendant committed the crime in question in the study beyond reasonable doubt. It is very unclear how this is likely to be defined in terms of guiding the jury, the judge must limit their instructions to the jury for applying the law to the facts rather than policy on facts and evidence. Of course, the jury, a view disastrous (URL in the study) can also be used to identify if a particular piece of data that is able to be taken in the trail. When evidence is considered admissible, the jury may consider it in his review of the evidence. In practice, judges often refer to a 90% certainty that the defendant committed the crime in order to enter the judgment of guilty, and has phrases like ‘if no material uncertainty “or” A rational belief is supported by the vast majority of the existing’ order describe how proof required. General justification for the principle that it is better to put nine guilty people free rather than let one innocent person in prison.