Civil Trial Question

cawacko

cawacko

Well-known member
I know in the OJ civil trial the burden the prosecutors had to meet for showing OJ was likely guilty was much lower than the criminal trial. What would be the law if Zimmerman faces a civil trial. Is the law of self defense much less in a civil trial?
 
Self defense cannot be contested by a civil trial in Fla. as far as I know.

Jarod might know for sure.
 
In a civil case, the plaintiff has the burden of proving the facts and claims asserted in the complaint. If the respondent, or defendant, files a counterclaim, the respondent will have the burden of proving that claim. When a party has the Burden of Proof, the party must present, through testimony and exhibits, enough evidence to support the claim. The amount of evidence required varies from claim to claim. For most civil claims, there are two different evidentiary standards: preponderance of the evidence, and clear and convincing evidence. A third standard, proof Beyond a Reasonable Doubt, is used in criminal cases and very few civil cases.

The quantum of evidence that constitutes a preponderance cannot be reduced to a simple formula. A preponderance of evidence has been described as just enough evidence to make it more likely than not that the fact the claimant seeks to prove is true. It is difficult to translate this definition and apply it to evidence in a case, but the definition serves as a helpful guide to judges and juries in determining whether a claimant has carried his or her burden of proof.

The majority of civil claims are subjected to a preponderance of evidence standard. If a court or legislature seeks to make a civil claim more difficult to prove, it may raise the evidentiary standard to one of clear and convincing evidence.

Under some circumstances use of the low preponderance of evidence standard may be a violation of constitutional rights.


http://legal-dictionary.thefreedictionary.com/Preponderance+of+Evidence
 
Yep, the civil courts use "preponderance of the evidence" rather than "beyond a reasonable doubt" as their standard of proof.

The lawsuit against OJ is that he was "legally responsible" for the deaths. That would be the lawsuit against Zimmermann, as well.
 
Threedee said:
Yep, the civil courts use "preponderance of the evidence" rather than "beyond a reasonable doubt" as their standard of proof.

The lawsuit against OJ is that he was "legally responsible" for the deaths. That would be the lawsuit against Zimmermann, as well.
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Have other self defense cases where the defendant has been ruled not guilty gone to civil trial where they lost?
 
cawacko said:
I know in the OJ civil trial the burden the prosecutors had to meet for showing OJ was likely guilty was much lower than the criminal trial. What would be the law if Zimmerman faces a civil trial. Is the law of self defense much less in a civil trial?
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I believe, though am not positive, that he cannot be tried in civil court. Though classic self defense was claimed, the SYG law prevents people who are acquitted on self defense for being tried.
 
Kel-Tec PMR-30 said:
I believe, though am not positive, that he cannot be tried in civil court. Though classic self defense was claimed, the SYG law prevents people who are acquitted on self defense for being tried.
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I've been reading that Obama has filed federal charges against Zimmerman to start the process to take him to civil trial.
 
Rumor has it Zimmy will be facing both a civil trial and a federal trial for violation of Martin's civil rights.

Both will require him to testify.

Hope there's no thunderstorms around when he does.
 
Congratulations America! Another successful murder of a black by a white man. Even though you had to go through a pretend trial to find him not guilty, you still did it. Those minor inconveniences.

They got Obama's son! Symbolicallly at least and that has to be a victory for most Americans.
 
Howey said:
Rumor has it Zimmy will be facing both a civil trial and a federal trial for violation of Martin's civil rights.

Both will require him to testify.

Hope there's no thunderstorms around when he does.
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I doubt it. The US AG is even more incompetent than the prosecutor in the trial. Also, I believe FL law protects Zimmermann from civil litigation.
 
Howey said:
Dumbfucks. Ask Casey Anthony how many civil suits are pending against her right now.
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Wasn't the Casey Anthony criminal trial similar to OJ's though in that the question was whether she was guilty of killing her baby, i.e. it wasn't a self defense trial like Zimmerman's?
 
cawacko said:
I know in the OJ civil trial the burden the prosecutors had to meet for showing OJ was likely guilty was much lower than the criminal trial. What would be the law if Zimmerman faces a civil trial. Is the law of self defense much less in a civil trial?
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Trials aren't civil. By their very nature they are confrontational.
 
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