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Civil Law vs. Criminal Law There are several basi

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There are several basic but significant differences between civil cases and criminal cases. This paper explores these differences in the particular context of the O.J. Simpson case, which provides an opportunity to discuss how Simpson could seemingly have been found not guilty of murder and guilty of killing Nicole Brown Simpson and Ron Goldman in the same court system.

There are three primary differences between civil law and criminal law. First, a civil case involves a law suit between individuals or organizations. Thus, for example, in the O.J. Simpson case, Simpson was sued by the executor of his wife Nicole Brown Simpson's estate ("Brown Civil Suit") and Frederic and Kimberly Goldman, the father and sister respectively of Simpson's other alleged victim, Ronald Goldman ("Goldman Civil Suit").* It was a case of individuals suing another individual in court. Specifically, Brown's executor sued in what is known as a "survival action" while Goldman's family sued Simpson for causing the "wrongful death" of their loved one. In their two complaints, they alleged generally that Simpson's actions û the murder of Brown and Goldman û had damaged them by causing them monetary losses due to the loss of "the company, presence, companionship, society, comfort, attention, services, guidance and support of" their deceased loved one (See "Goldman Civil Suit").

Generally, under sections 377.60-377.62 of the California Code of Civil Procedure, certain related persons are authorized

. . .
n. Notably, Judge Lance Ito, who presided over the case, refused to let the criminal court jury consider a first degree murder charge for Goldman's murder because he did not believe the evidence demonstrated the premeditation necessary for that crime (McDermott) even though Simpson had originally been held to stand trial for two counts of first degree murder (Linder). Generally, to prove first degree murder under California law, prosecutors must prove beyond a reasonable doubt that the accused killed another person with "malice aforethought" and "premeditation." Malice aforethought means that the killer acted deliberately and intentionally or recklessly with extreme disregard for human life (Lectlaw). Premeditation sounds very similar, but it means that the killer also planned or deliberated about the murder beforehand, although the time needed to establish premeditation is only what was long enough to allow the killer time to form the intent to kill and to be aware and conscious of the intent to kill (Lectlaw; Cal. Penal Code º 189). Section 190(a) of the California Penal Code provides that anyone convicted of first degree murder can be punished by death, imprisonment in the state prison for life without the possibility of
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Some common words found in the essay are:
Penal Code, Nolo Inc, Law Dictionary, Civil Procedure, OJ Simpson, McDermott Simpson, Amendment Constitution, Civil Suit, Brown Goldman, Lectlaw Premeditation, online 21, accessed online 21, oj simpson, online 21 march, accessed online, 21 march 2004, 21 march, march 2004, degree murder, penal code, reasonable doubt, code civil procedure, california code civil, california code, nolo inc,
Approximate Word count = 1552
Approximate Pages = 6 (250 words per page)

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