standard of proof

The standard of proof in civil litigation is that a fact must be proved on the balance of probabilities using the evidence before the court. This means that upon consideration of the evidence admitted by the contesting parties, the account that is more likely is to be accepted. The inherent probability of the allegation is considered in the process.

In contrast, the standard in criminal cases is that the tribunal of fact must be satisfied of the defendant's guilt beyond a reasonable doubt. When a defendant in criminal proceedings must prove a fact, it only need be proved on the balance of probabilities.

Usage: The standard of proof in civil cases to prove a fact is on the balance of probabilities.

Related Words: burden of proof; presumptions; competence; compellability; hearsay rule; character evidence; admissions; legal professional privilege; public interest immunity; judicial notice; documentary evidence; real evidence; civil litigation.