What is the burden of proof in a civil law case?

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In a civil law case, the burden of proof is defined as "preponderance of the evidence." This standard means that one party’s evidence must be more convincing and likely true than that of the other party. In practical terms, this often means that the jury or judge must feel that there is a greater than 50% chance that the claim being made is true.

This standard is different from the burden of proof in a criminal case, which is "beyond a reasonable doubt," a much higher standard reflecting the serious consequences associated with criminal convictions. The "clear and convincing evidence" standard, while also used in civil cases, is typically reserved for specific types of cases, such as those involving certain administrative disputes or the termination of parental rights. "Proof beyond reasonable belief" is not an established legal standard recognized in a civil context.

Using "preponderance of the evidence" as the standard strikes a balance that serves the goals of civil law, allowing for effective resolution of disputes while not imposing the same high stakes and stringent requirements found in criminal law.

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