Question: Your lawyer advised you to commence a tort action based on events that formed the basis of a criminal prosecution. Why did the lawyer recommend
Your lawyer advised you to commence a tort action based on events that formed the basis of a criminal prosecution. Why did the lawyer recommend this? the burden of proof lies with the plaintiff in a civil action tort actions are easier to defend than criminal trials the standard of proof in a civil action is higher than in a criminal trial in a civil case a plaintiff needs to prove her case on a balance of probabilities, while the prosecutor must prove the guilt of a defendant beyond a reasonable doubt
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