![]() ![]() ![]() preponderance of the evidence in most civil cases.clear and convincing evidence in fraud in will disputes.beyond a reasonable doubt in criminal law.litigation may include, but is not limited to: The burden of proof is often said to consist of two distinct but related concepts: the burden of production, and the burden of persuasion.ĭepending on the jurisdiction and type of action, the legal standard to satisfy the burden of proof in U.S. A " preponderance of the evidence" and "beyond a reasonable doubt" are different standards, requiring different amounts of proof. In civil cases, the plaintiff has the burden of proving their case by a preponderance of the evidence, which means the plaintiff merely needs to show that the fact in dispute is more likely than not. There are different standards for different circumstances.įor example, in criminal cases, the burden of proving the defendant’s guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt. Generally, burden of proof describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established.
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