Law based upon a published code of statutes, as opposed to law found in the decisions of courts. In certain circumstances, such as those involving fraud, misrepresentation, intentional infliction of emotional distress, and probate contests, the plaintiff should prove his or her case by clear and convincing proof , which is a greater typical and far more tricky to meet that a mere preponderance. Like civil circumstances, the stakeholders to a criminal matter may all benefit from exposure to mediation.

In a civil trial, the judge taking into account the jury’s recommendation is responsible for setting the damages in a case. Criminal lawsuits differ from their civil counterparts in that criminal prosecutions are intended to convict and punish the criminal offender, whereas civil lawsuits are made to settle disputes between private parties. In serious criminal cases, a preliminary inquiry is held in Provincial Court prior to the case is put more than for trial. A civil case could allege violation of a statute, but can also be based on widespread law (judge made law). In a criminal trial, the obtaining of guilt or innocence ought to be beyond a reasonable doubt.

It is up to the judge to make a decision if it tends to make sense to join further parties in this case at this time. Research has shown that individuals who participate in criminal mediation are much less most likely to re-encounter the criminal justice technique. If the parties search an location that was not covered by the … Read the rest >>>