What Is The Standard For Decision/Burden Of Proof In Civil Cases?

The usual burden of proof in a civil case is the “preponderance of the evidence.” The party who bears that burden must persuade the fact-finder that the facts supporting the claim are more likely true than not true. It is often explained as requiring slightly more than 50 percent of the evidentiary weight, although courts do not literally assign percentages to each piece of evidence. This standard is lower than “beyond a reasonable doubt,” which applies in criminal prosecutions. In a negligence case, the plaintiff generally has the burden of proving the required elements, including duty, breach, causation and damages. Evidence can include documents, testimony, photographs, medical records, expert opinions and physical or electronic evidence. Some civil issues use a higher “clear and convincing evidence” standard, so preponderance is not universal to every civil determination. The applicable standard depends on the jurisdiction and legal issue. Jury instructions or the judge’s legal directions explain the standard that must be applied in a particular case.