Preponderance of the evidence is the standard of proof required in civil cases, where the plaintiff must demonstrate that the claim is more likely true than not true. It is a lower standard of proof compared to the 'beyond a reasonable doubt' threshold required in criminal cases.
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Preponderance of the evidence requires the plaintiff to show that the claim is more likely true than not true, with a 51% or greater probability of being correct.
This standard is used in civil cases, where the goal is to determine the most probable outcome based on the available evidence.
Preponderance of the evidence is a lower standard of proof compared to the 'beyond a reasonable doubt' threshold required in criminal cases.
In cases of intentional torts, the plaintiff must demonstrate that the defendant's actions were more likely than not the cause of the plaintiff's harm.
Negligence cases also use the preponderance of the evidence standard, where the plaintiff must show that the defendant's breach of duty was more likely than not the cause of the plaintiff's damages.
Review Questions
Explain how the preponderance of the evidence standard differs from the 'beyond a reasonable doubt' standard used in criminal cases.
The preponderance of the evidence standard used in civil cases is a lower threshold of proof compared to the 'beyond a reasonable doubt' standard required in criminal cases. In civil cases, the plaintiff must demonstrate that their claim is more likely true than not true, with a 51% or greater probability of being correct. This means the plaintiff only needs to show that their version of events is the more probable outcome based on the available evidence. In contrast, the 'beyond a reasonable doubt' standard in criminal cases requires the prosecution to prove the defendant's guilt with a much higher degree of certainty, leaving no reasonable doubt in the jury's mind.
Describe how the preponderance of the evidence standard is applied in cases of intentional torts and negligence.
In intentional tort cases, the plaintiff must use the preponderance of the evidence standard to show that the defendant's intentional actions were more likely than not the cause of the plaintiff's harm. This means the plaintiff needs to demonstrate that it is more probable than not that the defendant committed the alleged intentional tort, such as assault, battery, or conversion. Similarly, in negligence cases, the plaintiff must use the preponderance of the evidence standard to prove that the defendant's breach of duty was more likely than not the cause of the plaintiff's damages. The plaintiff must show that the defendant's actions or inactions fell below the standard of care expected of a reasonable person, and that this breach of duty was the more probable cause of the plaintiff's injuries.
Analyze how the preponderance of the evidence standard affects the burden of proof in civil cases compared to criminal cases.
The preponderance of the evidence standard in civil cases places a lower burden of proof on the plaintiff compared to the 'beyond a reasonable doubt' standard in criminal cases. In civil cases, the plaintiff only needs to show that their claim is more likely true than not true, which means they must demonstrate a 51% or greater probability of being correct. This is a much lower threshold than the stringent 'beyond a reasonable doubt' standard, which requires the prosecution to prove the defendant's guilt with a very high degree of certainty, leaving no reasonable doubt in the jury's mind. The lower burden of proof in civil cases reflects the different goals and consequences between civil and criminal proceedings, with civil cases focused on compensating the plaintiff for damages, while criminal cases aim to protect the public by punishing wrongdoers.