Easy2 marksMultiple Choice
ACCA · Question 01 · Syllabus A: Essential elements of the legal system
In the English legal system, which of the following accurately describes the difference between the burden of proof in civil and criminal cases?
In the English legal system, which of the following accurately describes the difference between the burden of proof in civil and criminal cases?
Answer options:
A.
Civil: Beyond reasonable doubt; Criminal: Balance of probabilities
B.
Civil: Balance of probabilities; Criminal: Beyond reasonable doubt
C.
Civil: Balance of probabilities; Criminal: Balance of probabilities
D.
Civil: Beyond reasonable doubt; Criminal: Beyond reasonable doubt
How to approach this question
Recall the standard of proof required for different types of legal proceedings.
Full Answer
B.Civil: Balance of probabilities; Criminal: Beyond reasonable doubt✓ Correct
The burden of proof refers to the obligation to prove allegations presented in a legal action. In civil law, the standard is the 'balance of probabilities' (more likely than not). In criminal law, due to the severe consequences of a conviction, the standard is 'beyond reasonable doubt'.
Common mistakes
Confusing the civil and criminal standards, or assuming they are the same.
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