Which of the following would indicate if a court is hearing a criminal law or a civil law matter?
(A) The presence or absence of a jury
(B) Whether parties had legal representation
(C) The standard of proof required
(D) Whether the case is heard in the Supreme Court - HSC - SSCE Legal Studies - Question 5 - 2001 - Paper 1
Question 5
Which of the following would indicate if a court is hearing a criminal law or a civil law matter?
(A) The presence or absence of a jury
(B) Whether parties had lega... show full transcript
Worked Solution & Example Answer:Which of the following would indicate if a court is hearing a criminal law or a civil law matter?
(A) The presence or absence of a jury
(B) Whether parties had legal representation
(C) The standard of proof required
(D) Whether the case is heard in the Supreme Court - HSC - SSCE Legal Studies - Question 5 - 2001 - Paper 1
Step 1
The standard of proof required
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Answer
In a criminal law matter, the standard of proof is 'beyond a reasonable doubt', meaning that the evidence presented must leave no reasonable doubt regarding the guilt of the accused. In contrast, civil law cases require proof 'on the balance of probabilities', meaning that one party's evidence must be more convincing than the other's. This key difference in the standard of proof is what indicates whether a case is of criminal or civil law.