Burden of proof in a criminal case, civil case, Higher standards
1. What is the burden of proof in a criminal case? What is the burden of proof in a civil case? Which is the higher standard? Why?
3. Ruth carelessly parks her car on a steep hill, leaving the car in neutral and failing to engage the parking brake. The car rolls down the hill, knocking down an electric line. The sparks from the broken line ignite a grass fire. The fire spreads until it reaches a barn one mile away. The barn houses dynamite and the burning barn explodes, causing part of the roof to fall on and injure a passing motorist, Jim. Can Jim recover from Ruth? Why or why not? Consider the elements of negligence and the notion of strict liability in reaching your conclusion.