LEGAL 391S Lecture Notes - Lecture 11: Sixth Amendment To The United States Constitution, Fifth Amendment To The United States Constitution, Psychological Evaluation
8 Apr 2019
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Document Summary
Difference between criminal and civil courts: civil courts don"t deal with crimes but deal with violations of civil code, current umass standard is preponderance of evidence for all university cases cause an appeal goes into civil court system. Torts disadvantages: court is expensive no 6th amendment rights, defendant can counter sue, no rape shield laws in civil court, defendant can request psychological evaluation and hire examiner, comparative fault defenses, burden falls unequally on low income defendants. Title 9 suit examples: adjudications drafting out cases beyond a reasonable timeframe, profs refusing to provide academic accommodations.
