Burdens of Proof in California Civil Cases
In the legal process, evidence is the most vital piece of the puzzle. In both civil and criminal cases, is it evidence that helps the parties prove their arguments. However, it can be difficult to figure out how much evidence is enough for certain cases. For example, how much evidence (and what kind of evidence) do you need to prove your case? In the legal system, the burden of proof is the threshold a party must meet in terms of evidence. This article will provide a brief overview of the burdens of proof used in civil cases: preponderance of the evidence and clear and convincing evidence.
What is Preponderance of the Evidence?
In a civil case, the plaintiff must meet their evidentiary standard, and for some cases, that standard is called the the preponderance of the evidence. The plaintiff must provide evidence that shows their claims are more likely than not. The evidence presented in court must prove that the proposition has a 50 percent chance, or higher, of being true. This standard is used in civil cases, as it is lower than other standards (which would be necessary for a criminal issue).
The Next Step: Clear and Convincing Evidence
Clear and convincing evidence is a higher standard of proof than preponderance of the evidence. This standard is often used in personal injury cases. Rather than the evidence only proving something is more likely than not, the plaintiff’s evidence must now show that the proposition has a high probability of being true.
For those concerned about their case or have more questions about a potential lawsuit, please feel free to reach out to us at Law Advocates Group for more information and help.