Business Learning Community

“Become who you want to be.”

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors

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