Monday, June 3, 2019

Preponderance...

Image result for blindfolded lady justice in court

In most civil cases, the burden of persuasion that applies is called “a preponderance of the evidence.” This standard requires the jury to return a judgment in favor of the plaintiff if the plaintiff is able to show that a particular fact or event was more likely than not to have occurred.

In some civil cases, the burden of proof is elevated to  “clear and convincing evidence.” This requires the plaintiff to prove that a particular fact is substantially more likely than not to be true. 

This standard sets a higher threshold than the preponderance of the evidence standard, but it does not quite rise to the widely recognized standard used in criminal cases, known as “beyond a reasonable doubt.”

No comments:

Post a Comment