Answer to Question #101386 in American Law for Jasmine

Question

You work as a paralegal in the law firm that has been hired to represent the victim in a possible civil action. Your client is confused and simply does not understand the differences between a civil cause of action and a criminal case. She wants to know if it makes sense to wait until the criminal prosecution is finished before she files a civil lawsuit for assault. Does the different standard of proof at a criminal trial impact this decision?

Answer 1

Yes. The adoption of different standard of proof at a criminal trial affects the decision. The burden of proof in a criminal case rests with the prosecution whereby evidence beyond doubt should be provided to prove the defendant guilty. However, the burden of proof required in a civil case is limited; it is possible to implicate the accused with quality and sufficient evidence of wrong doing. In this case, it is not necessary to wait for the completion of the criminal case. Instead, she should proceed with the civil proceedings within the shortest time possible