Burden and standard of proof In a criminal case, the jury (or magistrate) must be satisfied that the accused is guilty ‘ beyond reasonable doubt ’. This means that, based on the evidence, the only logical conclusion is that the accused is guilty. This is known as the standard of proof . The prosecution has the burden of proof. If a magistrate or jury is not convinced beyond reasonable doubt of the accused’s guilt, the accused should be given the benefit of the doubt and found not guilty. 18.6.3 Civil law Civil law deals with non-criminal matters. It allows people to bring actions against other people for a civil wrong done to them. Civil law involves such matters as disputes between friends, business partners, consumers and retailers, neighbours, or an individual and a government department. Examples of civil wrongs include negligence , trespass , defamation , nuisance and breach of contract . Where a civil wrong is successfully proven in court, the wronged party, referred to as the plaintiff , will usually seek damages (money) as compensation. In such a case, the defendant will be found to have been liable . For example, consider the landmark court case of Donoghue v. Stevenson from 1932. In this case, Mrs Donoghue discovered a decomposed snail at the bottom of a ginger beer bottle after she had consumed some of its contents. This caused her to suffer serious stomach illness. She decided to sue the manufacturer, Mr Stevenson, for negligence, arguing that he did not take sufficient care to ensure the product was safe for consumption. Mrs Donoghue, as the plaintiff, went to court to prove her case (see FIGURE3 ). She sought an order from the judge for the manufacturer, the defendant, to pay her compensation for the harm caused. The plaintiff does not always win such cases; sometimes the judge decides that the plaintiff’s rights were not breached and can order them to pay the defendant’s legal costs. Civil law can be required to address a wide range of unusual circumstances.
SkillBuilder discussion Evaluating democratic institutions and systems 1. Why is the situation shown in FIGURE3 an example of civil law? 2. What is the standard of proof in a civil case? 3. Why do you think the standard of proof is different between criminal and civil cases?
FIGURE3 A civil wrong is treated as a private matter between the disputing parties. If the defendant is found liable, the judge may order them to compensate the plaintiff or rectify the harm caused.
In civil cases
...the injured person sues
...and can receive compensation.
There is a lower standard of proof in civil cases. The plaintiff has to show that the defendant was ‘more likely than not’ to have committed the breach. This is known as the ‘ balance of probabilities ’. In the car accident shown in FIGURE 1 , the driver who caused the accident can be sued for medical expenses related to injuries suffered by others and the damage caused to property.
TOPIC18 Laws and citizens 545
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