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Civil vs Criminal courts for Harassment

Discussion in 'Civil Court, Procedure & Litigation' started by deeepeee, Nov 15, 2019.

  1. deeepeee

    deeepeee Law Topic Starter New Member

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    Jurisdiction:
    United Kingdom
    I understand the fundamental difference between civil and criminal cases in terms of the 'burden of proof', i.e. beyond reasonable doubt vs balance of probabilities.

    What I am curious about is how an offence that can be heard in different courts would differ in outcome?

    Using harassment for example, which can be heard in both the civil and criminal courts, how would the case differ in relation to the burden of proof, or other matters?

    In a criminal case, the 'reasonable person test' dictates whether the 'offence' is first made out. i.e. would a reasonable person, with all the facts believe it was harassment.

    I assume then the same test is used in the civil case to first determine if there is a claim, afterall, harassment is harassment whether civil or criminal?

    So my question is;

    In this example in different courts, what Is the burden of proof to determine;
    1. if the claimant was harassed?
    2. if the defendant has committed harassment?
    3. if intent was that of harassment?
    4. something else?
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    You are from the UK. This forum focuses on law in the U.S. While there are some similarities in the laws of the two countries, there are also significant differences. You'll need to find a UK law forum to address your issue.
     
    hrforme and deeepeee like this.
  3. deeepeee

    deeepeee Law Topic Starter New Member

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    Ah, thanks for that. It did ask the jurisdiction giving UK as an option?
     
  4. justblue

    justblue Well-Known Member

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    My understanding is that the options for other countries is a default setting. There are UK Legal site...google it up. :)
     
  5. adjusterjack

    adjusterjack Super Moderator

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    In the US it's "preponderance of the evidence."

    That's easy to understand. Just look up O. J. Simpson. He was acquitted of murder in a criminal court but lost the wrongful death case in civil court.
     

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