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 typically 'preponderance of the evidence,' which means that one side's argument must be more convincing than the other's. In contrast, criminal law requires a higher standard known as 'beyond a reasonable doubt.'
Step 2
The absence of a jury
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Answer
Civil law cases can be heard without a jury, as they frequently involve disputes between individuals or organizations and are often resolved by a judge. Criminal law cases, however, typically involve a jury to determine the innocence or guilt of the accused.
Step 3
The case is heard in a closed court.
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Answer
Civil law hearings can be open to the public, though some may be closed for specific reasons. Criminal cases usually maintain public trials, although sensitive details can sometimes lead to closed sessions.
Step 4
The parties have legal representation.
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Answer
Both civil and criminal law hearings allow parties to have legal representation. Legal counsel is important in navigating the complexities of both legal frameworks.
