They are not well calibrated to the AIDS epidemic or to
changed civil contexts and do not provide the kind of wide sampling that is necessary in order to draw strong conclusions.
In
the civil context, a lie that does not cause damage (and fulfill other requirements as well) can not be the basis for a tort suit.
On this week's legal - affairs podcast Lawyer2Lawyer, we discuss the extent to which e-mail and other online data are protected in both the criminal and
civil contexts.
Professionalism is not inconsistent with vigorous and forceful advocacy on behalf of a client and is as important in the criminal and quasi-criminal context as in
the civil context.
Mandatory mediation in
the civil context is perceived as more of a procedural goal to reduce the issues in dispute or find a reasonable settlement, rather than a substantive objective of conciliation.
In Alberta, if evidence is obtained in violation of your Charter rights, it may be excluded even in
a Civil context.
I'm not sure the concern you identify is all that significant, given that the US has allowed juries to speak for years, and juries are far more widely used in the US, particularly in
the civil context.
If so, these are matters that will have to be litigated in
the civil context, but because the backdrop will be one of at least some sexual misconduct having been previously admitted to or found beyond a reasonable doubt to have occurred, the offender will usually be at a disadvantage in defending himself.
Like assault, battery is a term used in both criminal and
civil contexts, as any Illinois injury lawyer would tell you.
But in
the civil context, you really see things all over the place.
A criminal lawyer may be tempted to think of that recommendation as applying only in
the civil context because it specifically referenced the exception in discovery obligations.
Investigating an opposing defendant is critical, in both criminal and
civil contexts.
Third, survivors of sexual assault are given greater control over the justice process in
the civil context.
Survivors are entitled to seek redress against their aggressors in
the civil context, which offers four distinctive benefits.
The evolving jurisprudence on the standard of proof in
the civil context indicates that an allegation of criminal conduct in civil proceedings is not sufficient in itself to require the criminal standard of proof.
At para 32, the majority cited Clements, which itself explained at paras 10 - 12 how inferences can also be made in
the civil context when there is no evidence available.
Would it make a difference if one was taking these reasonable steps in a criminal or
civil context?
In fact this inference can be made in
the civil context as well.