Law suits or civil actions are brought on by a plaintiff against a respondent (defendant). Burden of proof: Preponderance of the evidence proves that the respondent is responsible for the damages (they are not considered guilty…they are responsible for their actions).
In other words, Which side makes the better argument to the judge or jury. By the way, sometimes people lie in court Who does the jury believe more… Or who lies the best
Criminal Law This regulates how people act in society. It deals with crime and punishment. To understand this, one must look at the elements that make an act a crime And the state of mind of the actor (mens rea?). What was the intent of the accused?
Felony: A crime punishable by one year or more in prison
Misdemeanor: a crime punishable up to a year in jail.
A Criminal case is brought by the government (prosecutor) against an individual or group (defendant). State of Wisconsin v. Jeffry Lionel Dahmer United States v. Timothy McVeigh
Burden of Proof in a criminal case: Beyond a reasonable doubt The government (prosecution) has the burden of proof as the defendant is innocent until proven guilty. There can be no doubt in the juror’s mind that the defendant is guilty. If there is reasonable doubt, the defendant is NOT guilty. Verdict has to be unanimous. What is reasonable doubt?
Whoa…just a minute! Which has the tougher burden of proof: criminal or civil law? Turn to your left… See that person? Talk about this question Be prepared to defend yourself. Go!