Whether you're being sued or the one doing the suing, the burden of proof is one of the most important legal concepts to understand. What does the term mean? How does it differ from criminal cases? And what does it mean for your particular case? Here are some answers to your questions.
What Is Burden of Proof?
The United States legal system is based on the premise that a person is generally considered innocent until proven guilty. While this is technically a criminal law concept, it broadly applies to civil law too.
What Is the Civil Law Burden of Proof?
The specific details of the burden of proof for any civil case vary from jurisdiction to jurisdiction. But a few key terms can help you understand how it works.
For example, many rules reference the idea of a preponderance of evidence. This could refer to a significant number in the quantity or the quality of your evidence. This term is related to the other jurisdictions' use of establishing something by clear and convincing evidence. Another common phrase is that something is more likely than not. It's easy to see how these standards can be reasonably determined by a jury of laypersons.
How Does the Civil Burden of Proof Stand Out?
The thread that links the civil burdens of proof is that the plaintiff does not have to convince the judge or jury that the defendant is responsible beyond a reasonable doubt. This term is solely part of criminal law, and it comes with a significantly higher burden of proof. This is an understandable hurdle in criminal cases because a person's life and liberty are at stake.
The civil standards for burden of proof are both good and bad for your case. The plaintiff doesn't necessarily need to convince a jury that you definitely were negligent in an accident or definitely breached a contract. It must only prove that you were more likely than not to have done so.
However, there is an upside to this. Because the burden of proof — even when it's a relaxed standard — still rests on the plaintiff, the heavier load is on them. You enter the court with a clean slate and it's their job to overcome the obstacles to proving something. Your job is less about overcoming obstacles and more about putting them up.
Where Should You Start?
Even in a civil case, getting skilled legal assistance is vital to success. Although you can represent yourself, the intricacies of the burden of proof demonstrate that your best resource is a good civil law attorney. Meet with a lawyer in your jurisdiction to learn more about civil law.
