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

In distinguishing between criminal law and civil law matters, one critical factor is the standard of proof required. In criminal cases, the standard is 'beyond a reasonable doubt,' meaning the prosecution must provide a very high level of certainty regarding the defendant's guilt. Conversely, in civil cases, the standard is 'preponderance of the evidence,' which requires the plaintiff to prove their case is more likely true than not. This fundamental difference in the burden of proof is a primary indicator of the type of law being addressed.