Intro to Paralegal Studies Practice

In civil cases, what is the general standard of proof?

1. Clear and convincing evidence

2. Beyond a reasonable doubt

3. Preponderance of evidence

4. Circumstantial evidence

The correct answer is: Preponderance of evidence

In civil cases, the general standard of proof is referred to as "preponderance of evidence." This means that for a party to prevail, they must demonstrate that their claims are more likely true than not true. Essentially, this involves showing that the evidence presented leans in favor of one side, with a greater than 50% certainty. This lower standard compared to the criminal standard, "beyond a reasonable doubt," recognizes the different stakes involved in civil litigation, where the outcomes typically result in monetary damages or specific performance instead of potential imprisonment. While "clear and convincing evidence" is required in certain civil cases, particularly those that involve heightened concerns, such as fraud or termination of parental rights, it is not the general standard for all civil cases. "Circumstantial evidence" does not represent a standard of proof but rather refers to evidence that relies on an inference to connect it to a conclusion of fact. Thus, in civil cases, preponderance of evidence is the correct and widely applicable standard.