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BURDENS OF PROOF EXPLAINED

In a civil lawsuit, the burden of proof rests on the plaintiff, the party bringing the claim against the defendant, to establish their case using the preponderance of evidence standard. This means that the evidence presented must show that it is more likely than not that the plaintiff's claim is true. However, in certain cases, a higher standard of proof may be required called the “clear and convincing” standard. This standard requires evidence that is highly and substantially more probable to be true than not, adding a greater burden for the plaintiff. In contrast, criminal cases will follow the standard of “beyond a reasonable doubt,” which requires much stronger evidence that leaves no reasonable doubts in the jurors’ minds. Understanding each burden of proof is crucial to determining the outcome of a case.

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