What is the Burden of Proof in a Civil Trial?
The burden of proof in a trial refers to the responsibility of a party to produce evidence in support of her allegations. The burden of persuasion refers to the strength of that evidence.
The burden of proof in a civil trial is a finding of liability by either a preponderance of the greater weight of evidence or by clear and convincing evidence.
What is Preponderance of the Greater Weight of Evidence?
A preponderance of the greater weight of evidence, or simply a preponderance of the evidence, concerns how convincing is the available evidence. The jury should focus on credibility and accuracy.
What is Clear and Convincing Evidence?
Clear and convincing evidence is a slightly higher standard of proof than a preponderance of the evidence. It focuses on the greater likelihood or belief that the evidence is truthful and the fact-finder’s belief in its truth.
In either case, the plaintiff must present evidence sufficient to meet this standard in order to demonstrate liability.
Related Topics
- Civil Litigation Procedure (Intro)
- What is a civil lawsuit or civil action?
- Who are the parties to a lawsuit?
- What is standing to sue?
- Venue
- What is personal jurisdiction?
- What is a class action?
- What are the pleadings?
- What is discovery?
- What is the scope of discovery?
- What are motions and how are they used?
- What are frivolous cases?
- Barratry
- What is the process of selecting a jury?
- What are the steps involved in a civil trial?
- What is the burden of proof in a civil trial?
- How is a civil trial decided?
- Adjudication
- Default Judgment
- Stipulated Judgment
- Equitable Defenses
- Equitable Relief
- Doctrine of Clean Hands
- Compensatory Damages
- Punitive Damages
- Replevin
- What is joint and several liability?
- Judgment Proof
- What is the process for appeal?
- Amicus Curiae Brief
- How do parties enforce a civil judgment?
- Levy
- Garnishment
- Writ of Attachment
- Writ of Execution
- Writ of Seizure and Sale
- Sheriff’s Sale
- What is res judicata