SHORT ANSWERS

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Institutional Affiliation:

Chapter 4

110. Explain the difference between criminal act and civil act.

Criminal act is a division of act that deals with behavior that is construed as an offense against the state, public, and the society even the event that the immediate victim is an individual. Instances of criminal violations include assaults, murder, drunken driving, and theft among others. On the other hand, civil laws majors on the behaviors that result in injuries caused by an individual or other private parties such as a corporation. Instances of this include cases of defamation such as slander and libel, negligence that results in death or injuries, breach of contracts, and the damage to property. Criminal and civil laws differ with respect to the manner in which the cases are initiated and decided by the juries and the penalties imposed: the standards of proofs that need to be met, and the legal protections that are available to the defendants.

111. Discuss the legal arguments as to whether the death penalty violates the Eighth Amendment right against cruel and unusual punishment.

Arson, murder, and treason are examples of crimes that would prompt capital punishment in the society. According to the current constitutional Amendment to the United States, the elements of harsh and rare punishments are prohibited, although some provisions of the act of the parliamen...