Questions: One of the most important distinctions between civil and criminal cases involves the issue of
A) original jurisdiction
(B) appellate jurisdiction
C) burden of proof
D) jury selection
Transcript text: One of the most important distinctions between civil and criminal cases involves the issue of
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A) original jurisdiction
(B) appellate jurisdiction
(C) burden of proof
(D) jury selection
Solution
Answer
The answer is C) burden of proof.
Explanation
Option A: Original jurisdiction
Original jurisdiction refers to the authority of a court to hear a case for the first time. While this is an important concept in the legal system, it is not a primary distinction between civil and criminal cases.
Option B: Appellate jurisdiction
Appellate jurisdiction is the authority of a court to review the decision of a lower court. Like original jurisdiction, it is a significant legal concept but does not specifically distinguish civil cases from criminal cases.
Option C: Burden of proof
The burden of proof is a key distinction between civil and criminal cases. In criminal cases, the burden of proof is "beyond a reasonable doubt," which is a higher standard because the defendant's liberty is at stake. In civil cases, the burden of proof is typically "preponderance of the evidence" or "clear and convincing evidence," which are lower standards compared to criminal cases.
Option D: Jury selection
Jury selection is a process used in both civil and criminal cases to choose impartial jurors. While the process may vary slightly between the two types of cases, it is not a primary distinction between them.