Tuesday, January 11, 2022 10:26:18 AM
There are quite alot!
Mainly around what evidence is relevent and admissable and subject to discovery what questions have to be answered. The defence is afforded a great deal of leeway here in a criminal action vs a civil action.
Not least, as an example - a refusal to testify in a civil action can be highly prejudicial. That is certainly not the case in a criminal action.
At base in a a civil case the burdon of proof is set at 'the balance of probabilities' rather than 'beyond all reasonable doubt' as in a criminal case.
But you only need to look at the docket to see the arguments over what is and is not allowed to be put in front of the jury to assess the evidentiary bar.
Almost Everything that is disclosed on the case docket of the criminal trial but ultimately withheld from the jury - all the deliberations over admissibility - will be put in front of teh judge at a civil proceeding.
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