What is the burden of proof in a civil case and who/what has this burden? What is the burden of proof in a criminal case and who/what has this burden?
Question
What is the burden of proof in a civil case and who/what has this burden?
What is the burden of proof in a criminal case and who/what has this burden?
Solution
In a civil case, the burden of proof typically lies with the plaintiff (the party bringing the lawsuit). The standard of proof in most civil cases is "preponderance of the evidence," which means that the plaintiff must convince the judge or jury that their version of the facts is more likely than not the correct version. This is often interpreted as meaning that there is a greater than 50% chance that their claims are true.
In a criminal case, the burden of proof is on the prosecution. The standard of proof is much higher than in a civil case; the prosecution must prove "beyond a reasonable doubt" that the defendant committed the crime. This means that the evidence presented must be so compelling that there is no reasonable doubt in the mind of a reasonable person that the defendant is guilty.
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