Criminal Law

 

1. Explain the two elements that must normally exist for a person to be

convicted of crime under criminal law.

2. Explain the key differences between Civil and Criminal Law, around the

following issues: parties who bring suit, wrongful act, burden of proof,

verdict and remedies.

3. Explain briefly the five broad categories of crimes under which crimes

have been grouped.

4. Outline and explain in more detail each of the White-Collar Crimes and

Organized Crimes.

5. Briefly explain the defenses raised to avoid liability for criminal acts?

6. Briefly discuss the constitutional safeguards that exist to protect persons

accused of crimes per amendments Fourth, Fifth, Six and Eighth.

7. Briefly discuss the Exclusionary Rule and the Miranda Rights.

8. Explain the difference between, felony, misdemeanor and petty crime.

Tort Law

1. Explain the purpose of Tort law.

2. What Damages exist in Tort actions?

3. Discuss each of the Intentional Torts against Persons and Intentional

Torts against Property.

4. Explain each of the four elements that a plaintiff must prove in a

Negligent Action?

5. Discuss Causation, to include Causation in Fact, Proximate Cause and

Foreseeability.

6. What “precedent” was established and by what court on the Palsagraf v.

Long Railroad Co. Case of (1928)?

7. Briefly Outline the Defenses to Negligence.

Sample Solution

Criminal law

Criminal law is the body of law that relates to crime. It is a system of laws concerned with punishment of individuals who commit crimes. Examples of criminal law are murder, assault, theft, and drunken driving. Crimes can be broken down into elements, which the prosecution must prove beyond a reasonable doubt. Criminal elements are set forth in criminal statutes, or cases in jurisdictions that allow for common-law crimes. With exceptions, every crime has at least three elements: a criminal act, also called actus reus; a criminal intent, also called mens rea; and concurrence of the two. In this way, a person will only be guilty of a crime if they are proved to be culpable or blameworthy in both action and mind.

nvironmental effects while also generating financial gains by investing in businesses which work towards bringing about a positive social change. Impact investing helps solve social or environmental problems while generating financial returns. [8] Since the intention here is to generate measureable social or environmental impact, it is distinguished from the negative screens strategy as it explicitly focuses on making a positive impact on the society and environment. This kind of investing is at the intersection of philanthropy and for-profit capitalism. It can act as a complement to philanthropy and government policies to address the social and environmental challenges which we face today at a global level. [6] It is the future of how we should think about businesses because all businesses have a social impact whether good or bad.

Cambridge Associates, a global investment firm, in partnership with Global Impact Investing Network, a non-profit organization dedicated to increasing the scale and effectiveness of impact investing [13], carried out an analysis of the financial performance of impact investing. Post analysis they concluded that the Internal Rate of Return (IRR) of the Impact Investing funds were similar to the IRR’s of comparative funds. [9]

5. Conclusion

Socially Responsible Investing is the future of how we should think about businesses. All businesses have a social impact whether good or bad and through SRI we can steer the investment portfolios away from companies causing negative impact towards the companies which are generating positive impact by working towards a sustainable future. And as many studies have suggested that portfolio returns of SRI funds are comparable to unrestricted investment, there is no reason why one should not follow SRI.  The trends in SRI are positive as more and more investors are moving towards SRI. According to a study by Cerulli Associates, one of six dollars under professional management in the US is involved in socially responsible investing. [11] Though SRI cannot be viewed as a one stop solution to the global sustainability challenges we are facing today but it can certainly act as a complement to philanthropy and government policies to address these challenges.

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