Pages

Monday, August 16, 2010

Levels of Evidence

Evidence, depending on what part of law treats it, is viewed at different angles. There are four (4) levels; each belonging to a level lower than the previous one. Each level pertains to a certain aspect of law and dictates how the courts and administrative bodies treat evidence. The levels of evidence, in descending order, are the following:

1.) Proof Beyond Reasonable Doubt (Criminal Law)

In Criminal Law, proof beyond reasonable doubt is needed to get a conviction. If the evidence given is somewhat shaky, the judge has to order an acquittal (and he can't be blamed for it.) Proof beyond reasonable doubt, however, doesn't mean absolute proof. What the court is looking for is moral certainty -the proof must be sufficient to convince the judge to convict a criminal.

2.) Preponderance of Evidence (Civil Law)

In civil law, evidence requires weight. If two sets of evidence are presented, the side with the heavier evidence wins the civil case. Note: in a civil case related to a criminal one, the records of the criminal case can be used in the civil case as evidence.

3.) Substantial Compliance (Administrative Bodies)

Administrative bodies, like the legal departments of the different government agencies, do not require a strict following of the rules of evidence. All that is required is that the parties comply with the rules sufficiently. There are fewer formalities here.

4.) Best Evidence (Taxation, and in some other cases)

Anything that can be picked up can be used as evidence if the proper evidence can't be found.

No comments:

Post a Comment