Burden of Proof in Legal Cases

Attorney Kevin Hazlett explains the differences between civil and criminal cases. Criminal cases are initiated by a prosecutor, while civil cases are filed by individuals. Criminal convictions can lead to incarceration, whereas civil cases result in monetary damages. Legal representation differs, with public defenders available in criminal cases but not in civil ones. The burden of proof is higher in criminal cases, requiring proof beyond a reasonable doubt, while civil cases require a preponderance of evidence.

Who typically initiates a criminal case?

• The defendant

• A private attorney

• The injured party

• A government lawyer

What is required to file a civil case?

• An arrest warrant

• A grand jury decision

• Meeting monetary requirements and stating a cause of action

• A prosecutor's approval

What can happen to a person convicted in a criminal case?

• They can be given a civil penalty

• They can be awarded monetary damages

• They can be incarcerated

• They can receive a public apology

In a civil case, what is a possible outcome for the defendant?

• Probation

• Community service

• Monetary damages

• Incarceration

What is a key difference in legal representation between criminal and civil cases?

• Civil cases always have court-appointed attorneys

• Both types of cases require the defendant to hire their own attorney

• Only civil cases have public defenders

• Criminal cases may have court-appointed attorneys if the defendant is indigent

Who is responsible for hiring an attorney in a civil case?

• A public defender

• The individual involved in the case

• The court

• The government

What is the burden of proof in a criminal case?

• Beyond a reasonable doubt

• Preponderance of the evidence

• Probable cause

• Clear and convincing evidence

How is the burden of proof in a civil case described?

• Preponderance of the evidence

• Probable cause

• Clear and convincing evidence

• Beyond a reasonable doubt

What does 'preponderance of the evidence' mean in a civil case?

• More than 50% certainty

• Beyond any doubt

• Clear and convincing

• Probable cause

What must a jury have to convict in a criminal case?

• A probable cause

• An abiding conviction of guilt

• A preponderance of the evidence

• A clear and convincing evidence