Burden of Proof in a Civil Trial
Clear and Convincing Evidence or Preponderance of the Evidence
Written by Jason Gordon
Updated at September 24th, 2021
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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.
Next Article: How a Civil Trial is Decided Return to: CIVIL LITIGATION
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
- 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?
- What is the process of selecting a jury?
- What are the steps involved in a civil trial?
- How is a civil trial decided?
- Compensatory Damages
- Punitive Damages
- Replevin
- What is joint and several liability?
- What is the process for appeal?
- How do parties enforce a civil judgment?
- What is res judicata
Discussion Question
Compare the burden of proof in a civil trial to the burden of proof in a criminal trial? Why do you think the standard of proof is far lower in a civil trial than in a criminal trial?
- The burden of proof in a civil trial is based on a balance of probability in that if it is more likely than not that all of the required elements of the offense is proved. In a criminal case, the burden of proof is beyond a reasonable doubt. This means that a reasonable person, given the facts, would find that all of the elements of the charged offense have been proven. The distinction in the burden of proof is that in a criminal case is that it involves an individual's freedom or liberty. Therefore, the standard of proof is much higher.
Practice Question
Donte is charged with criminal assault. Also, the alleged victim is suing Donte in civil court to recover damages. Donte is acquitted in criminal court. Is it possible that Donte will still be held liable in civil court?
- In a criminal case, one has to prove beyond a reasonable doubt. In this instance, it was not proved beyond a reasonable doubt that Donte had committed criminal assault. If there is any doubt the court will be hesitant in giving a conviction. On the other hand, Dante will be held liable in civil court because the court burden of proof is based on a balance of probability. If the plaintiff will be able to prove the case on a balance of probability and Donte fails to do so then he can be found liable in a civil court.
