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Burden of proof in a criminal case, civil case, Higher standards

1. What is the burden of proof in a criminal case? What is the burden of proof in a civil case? Which is the higher standard? Why?

2."The duty of care unfairly burdens business owners."

Start by defining duty of care. Then debate this statement using appropriate examples.

3. Ruth carelessly parks her car on a steep hill, leaving the car in neutral and failing to engage the parking brake. The car rolls down the hill, knocking down an electric line. The sparks from the broken line ignite a grass fire. The fire spreads until it reaches a barn one mile away. The barn houses dynamite and the burning barn explodes, causing part of the roof to fall on and injure a passing motorist, Jim. Can Jim recover from Ruth? Why or why not? Consider the elements of negligence and the notion of strict liability in reaching your conclusion.

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1. What is the burden of proof in a criminal case? What is the burden of proof in a civil case? Which is the higher standard? Why?

The burden of proof is the duty of one party in a legal case to convince the decision-maker (judge and/or jury) that their version of the facts is true. The burden of proof is carried by the plaintiff in civil trials and the prosecution in criminal trials. The burden of proof is much greater in criminal trials than it is in civil trials, largely because there is much more at stake- like the defendant's liberties- in a criminal trial.

Non-criminal in nature, civil cases involve conflicts between parties over property rights, personal injury, breach of contract, and the like. In these cases, the plaintiff carries the burden of proof and must demonstrate their version of the facts to be true by a preponderance of evidence. In layman's terms, this burden of proof requires that the defendant prove that their argument is more likely to be true than false. This is ...

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The burden of proof in a criminal case, civil case and higher standards are determined.

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