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    026c0cf4c873c-Difference Between Rule of Evidence in Civil and Criminal Proceeding

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    Amulya Kaushik
    In criminal cases, the prosecution bears the burden of proving guilt beyond a reasonable doubt by establishing the elements of the crime. In civil cases, the plaintiff bears the initial burden of proof, but the burden can shift to the defendant if they file a counterclaim. Admissions in criminal cases accept all elements of the crime, while admissions in civil cases can be partial. Civil matters are decided based on a preponderance of evidence rather than beyond reasonable doubt.

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    026c0cf4c873c-Difference Between Rule of Evidence in Civil and Criminal Proceeding

    Uploaded by

    Amulya Kaushik
    15 views1 page
    In criminal cases, the prosecution bears the burden of proving guilt beyond a reasonable doubt by establishing the elements of the crime. In civil cases, the plaintiff bears the initial burden of proof, but the burden can shift to the defendant if they file a counterclaim. Admissions in criminal cases accept all elements of the crime, while admissions in civil cases can be partial. Civil matters are decided based on a preponderance of evidence rather than beyond reasonable doubt.

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    In criminal cases, the prosecution bears the burden of proving guilt beyond a reasonable doubt by establishing the elements of the crime. In civil cases, the plaintiff bears the initial burden of proof, but the burden can shift to the defendant if they file a counterclaim. Admissions in criminal cases accept all elements of the crime, while admissions in civil cases can be partial. Civil matters are decided based on a preponderance of evidence rather than beyond reasonable doubt.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    15 views1 page

    026c0cf4c873c-Difference Between Rule of Evidence in Civil and Criminal Proceeding

    Uploaded by

    Amulya Kaushik
    In criminal cases, the prosecution bears the burden of proving guilt beyond a reasonable doubt by establishing the elements of the crime. In civil cases, the plaintiff bears the initial burden of proof, but the burden can shift to the defendant if they file a counterclaim. Admissions in criminal cases accept all elements of the crime, while admissions in civil cases can be partial. Civil matters are decided based on a preponderance of evidence rather than beyond reasonable doubt.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    Difference between rule of evidence in civil and criminal proceeding.

    1. In criminal cases, the general rule is that the prosecution bears the burden of proving the guilt
    of the defendant and the substantive law defines what the prosecution has to prove to convict
    the defendant.
    The legal burden of proving a fact in a civil trial is, to put it simply, on the party that claims
    that fact. Hence, in civil cases, the plaintiff’s first burden of proof lies. This burden of proof,
    however, will shift to the defendant if the defendant denies the allegations and finds a positive
    default such as “counterclaim.” The burden of proof in such a case lies with the defendant.
    2. Admission shall be made without reservation in criminal cases. It means that accussed admit
    each and every criminal element of the alleged offense which includes mens rea and actus
    reus elements. However, the party may admit the truth of the whole or any part of the other
    party’s case in civil proceedings.
    3. In criminal cases, the charges have to be proved beyond reasonable doubt whereas in civil
    case the matter is decided on the basis of preponderance of probability.

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