Chat with AI
Civil Law & Litigation for Paralegals 1st Edition by Neal Bevans
Edition 1ISBN: 978-0073524610Civil Law & Litigation for Paralegals 1st Edition by Neal Bevans
Edition 1ISBN: 978-0073524610 Exercise 1
Compare and contrast the different burdens of proof in civil and criminal cases.
Explanation
Verified
Verified
The burden of proof is the situation in which one party to suit. Be it criminal or civil, the party having no sufficient proof and evidences in support of the claims made in plaint, will be having burden of proof. The evidence brought up in the court at the time of hearing and whenever required it is necessary that the evidence brought should have legal validity any illegal or fabricated evidence will be of no use in the court of law.
The civil cases are those matters in which the nature of matter involved is not criminal as in simpler words there should no murder, dacoit, or robbery which are criminal in nature. The civil nature cases include matrimonial disputes, household disputes, property disputes, trespassing or any other offence of relatable nature will be called as a civil suit. The cases of civil nature include not so visible kind of damage, but the damages are of loss of some assets and of mental disturbance.
The criminal case is those cases having grievous in nature and that including murder, rape hurt. The cases of criminal nature include physical damage like in murder the life of person is finished hence that is harmful to the life of person. In any such category of case where there is physical assault also available then also it will be counted in the criminal nature. Therefore such cases can be evaluated on seeing of damage. Whereas, the damages are clearly visible. Hence in such case where it is clearly visible then in such case there will be no burden of proof.
The differences amongst are -
• The burden of proof upon the parties in civil nature is more complex as the claimant will have to show that he has actually suffered the loss.
• But in case of criminal nature the burden of proof lies on the family or close persons of the victim as the nature of criminal cases is so grave that the intention.
Hence burden of proof is different in such a nature that in civil suit the claimant is present in person to show the loss bourn by him and in criminal cases it is the burden of the family and other persons to prove the intentions of the criminal person. The civil suit can be proved with the help of certain papers and authorities claiming the reality but in criminal cases the eye witness and the intentions play a major role.
The civil cases are those matters in which the nature of matter involved is not criminal as in simpler words there should no murder, dacoit, or robbery which are criminal in nature. The civil nature cases include matrimonial disputes, household disputes, property disputes, trespassing or any other offence of relatable nature will be called as a civil suit. The cases of civil nature include not so visible kind of damage, but the damages are of loss of some assets and of mental disturbance.
The criminal case is those cases having grievous in nature and that including murder, rape hurt. The cases of criminal nature include physical damage like in murder the life of person is finished hence that is harmful to the life of person. In any such category of case where there is physical assault also available then also it will be counted in the criminal nature. Therefore such cases can be evaluated on seeing of damage. Whereas, the damages are clearly visible. Hence in such case where it is clearly visible then in such case there will be no burden of proof.
The differences amongst are -
• The burden of proof upon the parties in civil nature is more complex as the claimant will have to show that he has actually suffered the loss.
• But in case of criminal nature the burden of proof lies on the family or close persons of the victim as the nature of criminal cases is so grave that the intention.
Hence burden of proof is different in such a nature that in civil suit the claimant is present in person to show the loss bourn by him and in criminal cases it is the burden of the family and other persons to prove the intentions of the criminal person. The civil suit can be proved with the help of certain papers and authorities claiming the reality but in criminal cases the eye witness and the intentions play a major role.
Civil Law & Litigation for Paralegals 1st Edition by Neal Bevans
Why don’t you like this exercise?
Other Minimum 8 character and maximum 255 character
Character 255
