Burden Of Proof Analysis

Great Essays
Law can be classified into two parts which are criminal and civil law. There are a few elements that can differentiate between criminal and civil law. The first element is the definition of the law itself. As for criminal law, it can be identified as laws that regulate crimes or wrongs committed against the government. In criminal law, the case is filed by the government, usually referred to as the State and represented by a prosecutor, against a defendant. An individual can never file criminal charges against another person: an individual may report a crime, but only the government can file criminal charges in court. (Diffen.com, 2015)
For a civil law, it regulates disputes between two private parties. In other words, a civil law is a case
…show more content…
Burden of proof can be define as the duty placed upon a party to prove or disprove a disputed fact, or it can define which party bears this burden. In criminal cases, the burden of proof is placed on the prosecution, who must demonstrate that the defendant is guilty before a jury may convict him or her. (TheFreeDictionary.com, 2015) The burden of proof in deciding a case is beyond reasonable doubt in criminal law. However in civil law, the burden of proof in deciding a case is on the balance of probabilities.
Lastly, criminal and civil law can be differentiated through the title of the cases. Generally, cases are printed accounts of law suits and trials of individuals accused of committing crimes which is an example of identifying a criminal law. As for civil law, cases are normally referred to by the names of parties. For example, Vinos v Marks and Spencer PLC (2000).
Courts hearing is usually a typical way to resolve a dispute. However, there are many other option that can be used in resolving conflicts and dispute. The most common option is the alternative dispute resolution (ADR) which is refers to a variety of processes that help parties resolve disputes without a trial. Typical ADR processes includes arbitration, mediation and conciliation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings. (System,
…show more content…
This is because ADR procedure helps in reaching a resolution earlier and less in expenses than going to a court or traditional litigation. In fact, many courts suggested or required parties to carry out ADR process before going to trial. However, ADR also has their own disadvantages as this process depends on the willingness of the individuals to compromise. If one of the party is not willing to compromise, this process will resulted in not achieving any resolution. In my opinion, even there are a few disadvantages of the ADR process, I strongly believed that courts is not the only best way in resolving a dispute as there are many other option which is more effective and the results can bring more satisfaction to both parties such as ADR. Furthermore, Court proceedings are adversarial and about winning not losing, whereas ADR is about finding possible solutions to

Related Documents

  • Improved Essays

    This hearing determines if there is sufficient evidence that exists against an offender to continue the criminal justice process. The judge in this step searches for a probable cause to prove a crime was committed and the suspect accomplished doing so. Nevertheless, if a probable cause is determined, the accused suspect is held for trial on the information, which results in formal charging. In federal cases and other states, there is a grand jury that is empanelled to determine if there is enough evidence to file indictment charges against the suspect with the crimes. However if the grand jury finds there is sufficient evidence to warrant a trial it issues a true bill, if not it issues a no bill and he or she is filtered out of the criminal justice network (Appalachian State University, n.d).…

    • 1283 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Civil Law Vs Criminal Law

    • 885 Words
    • 4 Pages

    The individual can never file criminal charges against another person and individual might report crime but only the government can file a criminal charge in the court. As per DePasquale (2014), crime activities punishable by the government are usually divided into two broad categories of seriousness which are felonies that have a possible sentence of more than one year in incarceration and misdemeanours that has a possible sentence of one year or less incarceration. Burdens of Proof In criminal law, the burden of proof lies with the government for proving that the defendant is guilty of charge. The defendant is usually not declared guilty unless approximately 99% or more proof is against him. In case of civil law, the burden of proof lies with the plaintiffs.…

    • 885 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The second, is the burden of proof required to assign guilt. In civil case the plaintiff needs to show a civil wrong was committed, and that the preponderance of evidence shows the defendant is guilty of the issue in dispute. Basically this means, the plaintiff needs to prove it is more likely than not the defendant is guilty. Criminal cases require the jury to find the defendant guilty beyond all reasonable doubt. Beyond these differences the process’ are very similar.…

    • 1256 Words
    • 6 Pages
    Improved Essays
  • Superior Essays

    I try to be easy going in most situations, especially if others have strong opinions on a subject and I do not. I generally do not get along well with people who are overly aggressive. I only resort to acting aggressively when it is entirely necessary. I think that generally the person someone is disputing with is not their enemy so an extremely aggressive reaction is over the top and unnecessary. Being aggressive in many cases destroys the chance of coming to a civil agreement.…

    • 1465 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Substantial laws tell if a crime committed by an individual is indeed considered a criminal offense and how severe the crime may be. Furthermore, these laws are what tells if hate crimes are indeed hate crimes or if self-defense crimes are indeed self-defense. Certain elements must be present to consider a crime. It is possible for a suspect to be free to go in court because the jury may decide that the accused did not commit a crime if certain elements are not present. According to (Fuller, 2014), the “thou shall nots” of the criminal law, substantive laws are found in the criminal codes of the state and federal governments and are the result of generations of political and social development.…

    • 750 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    There are not really many similarities and differences between a criminal and civil case. First of all the difference between the two cases in general would be that in a criminal case, the government brings suit against a person who they believe has broken the law. The judge or a jury must consider the evidence presented during a trial to decide whether the accused is guilty or innocent. A crime can occur even if there is no instant victim. In a civil case a person or company asks a judge to settle their problems.…

    • 539 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Rights In Criminal Cases

    • 1479 Words
    • 6 Pages

    Rights in Criminal Cases One of the articles that I looked at address whether crime victims should have rights during criminal investigation, using the crime Victim’s (CVRA) as the focal point for our discussion. This can also help with like finding the criminals or seeing who is guilty or not. This is part of the first article, our article proceeds in four parts. First, to highlights the importance of applying the act before the formal filing of charges by illustrating how dozens of victims in a notorious federal sex abuse case were deprived of the ability to participate meaning full in the criminal process when federal prosecutors narrowly interpreted their responsibilities under the act. What this is saying is like it tells you the important…

    • 1479 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Criminal law is among the most complex areas of law. It takes a special type of person to become a criminal defense attorney. These type of attorneys must work with clients to prove their innocence of crimes that range from minor to major offenses. Criminal law is the body of law commonly referred to as penal law. This body of law prosecutes a person or entity by the federal or state government for crimes that are classified as criminal.…

    • 535 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    In the English Legal System, there are many different areas of law. Usually, the English Legal System separate into two branches, which are civil law and criminal law. Criminal law is a type of public law where the government or the state will take up an action against the accused of crime. Conversely, civil law is a form of private law where the victim will sue a wrong dual who is also a citizen. Therefore, there are differences between criminal law and civil law.…

    • 1328 Words
    • 6 Pages
    Improved Essays
  • Superior Essays

    What exactly is the criminal justice system? The criminal justice system is the collection of departments and processes founded by government to regulate crime and dictate punishments on those who disobey the laws. In the United States, we do not have just one specific criminal justice system, but a lot of con-substantial, exclusive systems. The jurisdiction of each criminal justice system decides how they will function. Various jurisdictions have distinct rules, departments, and methods of controlling criminal justice operations.…

    • 1072 Words
    • 4 Pages
    Superior Essays