What burden of proof is required in a civil case?

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In a civil case, the standard of proof required is "preponderance of evidence." This means that to prevail, a party must demonstrate that their claims are more likely true than not. It establishes that there is a greater than 50% chance that the facts presented by one side are correct compared to the other side.

This burden of proof is a fundamental principle in civil litigation, differentiating it from criminal cases, where the standard is "beyond a reasonable doubt." In civil matters, the objective is to assess liability and resolve disputes between parties rather than to determine guilt as in criminal cases. As a result, the evidentiary threshold is lower.

Other options, such as "clear and convincing evidence," apply to specific civil cases that involve higher stakes, such as those related to fraud or where punitive damages may be pursued, but they are not the general standard for all civil cases. "Reasonable suspicion," on the other hand, is a term used primarily in the context of law enforcement and is not applicable to the burden of proof in civil litigation.

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