Burden Of Proof

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The plaintiff in civil cases must prove its case by a preponderance of the evidence and in criminal cases the burden of proof must be beyond a reasonable doubt

In civil cases, the party asserting the claim is called the plaintiff. The party opposing the claim is the defendant. To prevail, the plaintiff carries the burden of proving its case. This plaintiff is said to carry the burden of proof in a civil case. The defense normally has no burden to disprove the plaintiff’s case.

In civil cases, the plaintiff’s burden is to prove the case by a preponderance of the evidence, also known as a measure of evidence that is more likely than not. Numerically, the plaintiff’s burden has been interpreted to mean a level of proof equaling 51 percent or more.

In criminal cases, the prosecutor must prove her case against the criminal defendant by proving guilt beyond a reasonable doubt.

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