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  • The Nature of Criminal Law, Constitutional Rights, Defenses, and Punishment
    Course Introduction
    Course Syllabus
    Unit 1: The Nature and Sources of Law
    1.1: Introduction to Law
    Introduction to Law
    1.1.1: What is Law?
    What Is Law?
    Overview of Lawmaking
    1.1.2: The Role of Law in Business in the United States
    Importance of the Rule of Law to Business
    How Law Affects Business Disciplines
    1.2: Sources of Law: Legislative, Regulatory, Common, and Civil
    Sources of Law
    How a Bill Becomes a Law
    1.3: The Judicial System
    Introduction to the Court System
    The Third Branch
    Trial and Appellate Courts
    Unit 1 Assessment
    Unit 1 Assessment
    Unit 2: Litigation vs. Alternative Dispute Resolution
    2.1: Litigation
    Litigation
    2.1.1: The Parties
    The Parties Involved
    2.1.2: Standing and Jurisdiction
    Standing and Personal Jurisdiction
    2.1.3: Pretrial Procedures
    Pretrial Procedures
    2.1.4: Trials and Appeals
    The Trial and Appeal
    2.2: Alternative Dispute Resolution (ADR)
    Alternative Dispute Resolution
    2.2.1: Negotiation
    Negotiation
    2.2.2: Mediation
    Mediation
    2.2.3: Arbitration
    Arbitration
    Unit 2 Assessment
    Unit 2 Assessment
    Unit 3: Torts
    3.1: Tort Law
    Business Law
    3.2: Introduction to Torts
    Torts
    3.3: Negligence
    Negligence
    3.4: Intentional Torts
    Intentional Torts
    3.5: Strict Liability
    Strict Liability
    Unit 3 Assessment
    Unit 3 Assessment
    Unit 4: Contracts
    4.1: The Nature and Classification of Contracts
    Contracts
    More on Contracts
    Negotiable Instruments Law: An Overview
    4.2: Contract Formation
    Capacity
    The Formalities of a Contract
    4.3: End of Contract and Enforcement
    Performance and Discharge, Breach, Defenses, Equitable Remedies
    Breach of Contract
    Unenforceable Contracts
    Oral Contracts
    Unit 4 Assessment
    Unit 4 Assessment
    Unit 5: Property Law
    5.1: Personal Property
    Personal Property
    5.2: Real Property
    Real Property
    Unit 5 Assessment
    Unit 5 Assessment
    Unit 6: Intellectual Property
    6.1: Trademarks
    Intellectual Property
    Trademarks
    6.2: Patents
    Patents
    6.3: Copyrights
    Copyrights
    6.4: Trade Secrets
    Trade Secrets
    6.5: Intellectual Property in the Digital Age
    The Digital Millennium Copyright Act (DMCA)
    Online Copyright Infringement Liability Limitation Act
    PRO-IP Act
    Unit 6 Assessment
    Unit 6 Assessment
    Unit 7: Employment Law
    7.1: Employment at Will
    Employment at Will
    7.2: Wage Law
    Questions and Answers about the Minimum Wage
    Prevailing Wage Laws
    7.3: Discrimination
    Employment Discrimination
    7.4: The Occupational Safety and Health Administration (OSHA)
    OSHA's 40th Anniversary
    7.5: Collective Bargaining
    Your Right to Form a Union
    Collective Bargaining and Labor Arbitration
    Collective Bargaining FAQs
    Whistleblower Protection Programs
    Unit 7 Assessment
    Unit 7 Assessment
    Unit 8: Criminal Law and Business
    8.1: Burden of Proof
    Criminal Law
    The Nature of Criminal Law, Constitutional Rights, Defenses, and Punishment
    8.2: White Collar Crime and Other Business-Related Crimes
    Crime
    Unit 8 Assessment
    Unit 8 Assessment
    Unit 9: Business Organizations
    9.1: Sole Proprietorship
    Business Organizations
    Forms of Business Ownership
    Sole Proprietorships
    9.2: Partnerships
    Partnerships
    Limited Liability Entities
    9.3: Corporations
    Corporations
    Corporate Expansion
    What Every Investor Should Know: Corporate Bankruptcy
    9.4: Limited Liability Companies
    Limited Liability Entities
    Unit 9 Assessment
    Unit 9 Assessment
    Unit 10: Business Regulation
    10.1: Securities Regulation
    Federal Securities Regulation in the United States
    State Securities Regulation in the United States
    10.2: Sarbanes-Oxley
    The Sarbanes-Oxley Act
    10.3: Antitrust Law
    History and Basic Framework of Antitrust Laws in the United States
    10.4: Administrative Law
    Administrative Law and Business
    Unit 10 Assessment
    Unit 10 Assessment
    Study Guide
    BUS205 Study Guide
    Course Feedback Survey
    Course Feedback Survey
    Certificate Final Exam
    BUS205: Certificate Final Exam
    Saylor Direct Credit
    Archived Materials
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  1. BUS205: Business Law
  2. Unit 8: Criminal Law and Business
  3. 8.1: Burden of Proof
  4. The Nature of Criminal Law, Constitutional Rights, Defenses, and Punishment

The Nature of Criminal Law, Constitutional Rights, Defenses, and Punishment

Completion requirements

Read this section, which discusses criminal law in general, including constitutional protections for criminal defendants, defenses to criminal allegations, and the nature of punishment in criminal law. Pay particular attention to the discussion of the burden of proof in criminal cases. Compare this burden of proof to the burden in civil cases, noting the apparent contradictions that can arise from these differences. Do exercise 2 at the end of the section.

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Saylor Academy © 2010-2025 except as otherwise noted. Excluding course final exams, content authored by Saylor Academy is available under a Creative Commons Attribution 3.0 Unported license. Third-party materials are the copyright of their respective owners and shared under various licenses. See detailed licensing information. Saylor Academy®, Saylor.org®, and Harnessing Technology to Make Education Free® are trade names of the Constitution Foundation, a 501(c)(3) organization through which our educational activities are conducted.