Criminal Law Overview

Written by SWI Digital Staff

Continued from page 1

All statutes describing criminal behavior can be broken down into their various elements. Most crimes (withrepparttar exception of strict-liability crimes) consist of two elements: an act, or "actus reus," and a mental state, or "mens rea." Prosecutors have to prove each and every element ofrepparttar 119298 crime to yield a conviction. Furthermore,repparttar 119299 prosecutor must persuaderepparttar 119300 jury or judge "beyond a reasonable doubt" of every fact necessary to constituterepparttar 119301 crime charged. In civil cases,repparttar 119302 plaintiff needs to show a defendant is liable only by a "preponderance ofrepparttar 119303 evidence," or more than 50%.


My Book Contains "No Artificial Growth Hormones"

Written by David Leonhardt

Continued from page 1

"But it is," Ruby Red pointed out.

"That's notrepparttar point," I complained. "Their claim implies that my Get Happy Workbook is somehow inferior because it is not onrepparttar 119297 New York Times bestseller list ... yet."

"Um ... your Get Happy Workbook?" Clever Lawyer asked.

"That's right."

"Isn't that an e-book?"

"Yes it is."

"I don't thinkrepparttar 119298 New York Times lists e-books," Ruby Red noted.

"It doesn't matter," I insisted. "Top Publisher should be forced to remove such an offensive claim and to pay me damages for thousands of copies of lost sales."

"But you can't do that," Clever Lawyer exclaimed.

"That's right. You can't do that," Ruby Red repeated.

"Why not?" I asked.

"Because their claim is just a statement of fact."

"So is Oakhurst Dairy's," I pointed out. "But that doesn't stop Monsanto from suing them."

"But you're not Monsanto," Clever Lawyer explained. "Monsanto is a biotech giant, and biotech companies are always being accused of making 'Frankenstein fruit' or 'veggie eunuchs' or other such delicacies."

"That's right," Ruby Red joined in. "Even Viagra couldn't make a man out of one of those cucumbers."

We both stared at Ruby Red in surprise. The color of her face instantly matchedrepparttar 119299 color of her lips.

"Look, Monsanto still has to prove its case," Clever lawyer warned. "We have no idea if they will. You would have to prove your case, too. I have a pretty good idea that you can't, sincerepparttar 119300 New York Times does not list e-books."

"So, you are saying I should not sue Top Publisher for claiming his book is a New York Times Bestseller," I concluded. "Instead I should suerepparttar 119301 New York Times for not naming my e-book a bestseller?"

David Leonhardt is The Happy Guy Pick up a copy of his free daily motivation and inspiration ebook at or visit his website at

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