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Administrative: 45:10-3-12. Restriction on delivery of alcoholic beverages – No Package Store licensee shall accept delivery of spirits or wines on Saturday or Sunday, or on New Year’s Day, Memorial Day, the Fourth of July, Labor Day, Veterans Day, Thanksgiving Day or Christmas Day
Title 45 – Oklahoma Alcoholic Beverage Laws Enforcement Commission
Criminal: Robbery in the first degree is when, in the course of committing the theft, the defendant:
1. inflicts serious bodily injury upon the person;
2. threatens a person with immediate serious bodily injury;
3. intentionally puts a person in fear of immediate serious bodily injury; or
4. commits or threatens to commit a felony upon the person.
When accomplished in any other manner, it is robbery in the second degree.
Civil: In any action arising from negligence in the rendering of medical care, a presumption of negligence shall arise if the following foundation facts are first established:
1. The plaintiff sustained any injury;
2. Said injury was proximately caused by an instrumentality solely within the control of the defendant or defendants; and
3. Such injury does not ordinarily occur under the circumstances absent negligence on the part of the defendant.
If any such fact, in the discretion of the court, requires a degree of knowledge or skill not possessed by the average person, then in that event such fact must be established by expert testimony.
Criminal law: felonies, misdemeanors, violations . . . all laws designed to punish individuals or entities for certain proscribed conduct that some legislative body has determined are necessary to protect the general welfare. They are prosecuted by “The People”, namely government prosecutors: district attorneys, Asst. U.S. Attorneys, or even Town Prosecutors. Violators are punished usually by imprisonment, fines, or both. The goal is to deter wrongful conduct and to hopefully rehabilitate people who violate the law. The burden of proof is beyond a reasonable doubt. Governed completely by statute or penal codes.
Civil law is for actions between private citizens or entities for claims recognized either by the common law or by statute or code. Think negligence, malpractice, trespass, nuisance, just about any claim for money. Landlord/tenant, eviction, foreclosure, to declare property rights, contract disputes, etc.
The burden of proof is by a preponderance of the evidence – more likely than not – more than 50%.
Administrative law concerns the regulations promulgated by the executive branch of a governmental entity. Think Securities and Exchange Commission, Federal Trade Commission, etc. These are governmental agencies that have been empowered to regulate a certain sector and also deal with complaints and enforcement. For federal law, see the Administrative Procedure Act. An administrative agency’s decision is reviewable in court and can be challenged but only if it is arbitrary and capricious. That is, they are the experts in their field and courts give them much latitude in their decision making and regulatory authority.
#1 by Jay Ramey on 11/26/2011 - 6:05 AM
Administrative: 45:10-3-12. Restriction on delivery of alcoholic beverages – No Package Store licensee shall accept delivery of spirits or wines on Saturday or Sunday, or on New Year’s Day, Memorial Day, the Fourth of July, Labor Day, Veterans Day, Thanksgiving Day or Christmas Day
Title 45 – Oklahoma Alcoholic Beverage Laws Enforcement Commission
Criminal: Robbery in the first degree is when, in the course of committing the theft, the defendant:
1. inflicts serious bodily injury upon the person;
2. threatens a person with immediate serious bodily injury;
3. intentionally puts a person in fear of immediate serious bodily injury; or
4. commits or threatens to commit a felony upon the person.
When accomplished in any other manner, it is robbery in the second degree.
Civil: In any action arising from negligence in the rendering of medical care, a presumption of negligence shall arise if the following foundation facts are first established:
1. The plaintiff sustained any injury;
2. Said injury was proximately caused by an instrumentality solely within the control of the defendant or defendants; and
3. Such injury does not ordinarily occur under the circumstances absent negligence on the part of the defendant.
If any such fact, in the discretion of the court, requires a degree of knowledge or skill not possessed by the average person, then in that event such fact must be established by expert testimony.
#2 by verybizzy2000 on 11/26/2011 - 6:38 AM
Criminal law: felonies, misdemeanors, violations . . . all laws designed to punish individuals or entities for certain proscribed conduct that some legislative body has determined are necessary to protect the general welfare. They are prosecuted by “The People”, namely government prosecutors: district attorneys, Asst. U.S. Attorneys, or even Town Prosecutors. Violators are punished usually by imprisonment, fines, or both. The goal is to deter wrongful conduct and to hopefully rehabilitate people who violate the law. The burden of proof is beyond a reasonable doubt. Governed completely by statute or penal codes.
Civil law is for actions between private citizens or entities for claims recognized either by the common law or by statute or code. Think negligence, malpractice, trespass, nuisance, just about any claim for money. Landlord/tenant, eviction, foreclosure, to declare property rights, contract disputes, etc.
The burden of proof is by a preponderance of the evidence – more likely than not – more than 50%.
Administrative law concerns the regulations promulgated by the executive branch of a governmental entity. Think Securities and Exchange Commission, Federal Trade Commission, etc. These are governmental agencies that have been empowered to regulate a certain sector and also deal with complaints and enforcement. For federal law, see the Administrative Procedure Act. An administrative agency’s decision is reviewable in court and can be challenged but only if it is arbitrary and capricious. That is, they are the experts in their field and courts give them much latitude in their decision making and regulatory authority.