What is different between a civil law and a criminal law hearing?
(A) The standard of proof
(B) The absence of a jury
(C) The case is heard in a closed court - HSC - SSCE Legal Studies - Question 3 - 2010 - Paper 1
Question 3
What is different between a civil law and a criminal law hearing?
(A) The standard of proof
(B) The absence of a jury
(C) The case is heard in a closed court.
(D... show full transcript
Worked Solution & Example Answer:What is different between a civil law and a criminal law hearing?
(A) The standard of proof
(B) The absence of a jury
(C) The case is heard in a closed court - HSC - SSCE Legal Studies - Question 3 - 2010 - Paper 1
Step 1
The standard of proof
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Answer
In civil law, the standard of proof is 'preponderance of the evidence,' meaning that the side must show that their claim is more likely true than not. In criminal law, it is 'beyond a reasonable doubt,' which is a much higher standard to meet.
Step 2
The absence of a jury
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Answer
In civil cases, parties may opt for a bench trial without a jury, while criminal cases typically involve a jury unless waived.
Step 3
The case is heard in a closed court.
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Answer
Civil cases can sometimes be heard in private, but criminal cases are generally public to ensure transparency in the judicial process.
Step 4
The parties have legal representation.
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Answer
Both civil and criminal cases usually involve legal representation for the parties involved, although this is more critical for defendants in criminal trials due to potential penalties.
