What is the standard of proof in civil cases?

• A. Preponderance of the evidence
• B. Clear and convincing
• C. Probable cause
• D. Beyond a reasonable doubt

Answer: (A)

In civil cases, the burden is for the plaintiff to show that what they claim is more likely true than not. This is the preponderance of the evidence: the weight of the evidence tips just slightly in the plaintiff’s favor. It doesn’t have to be certainty; it only has to make it more probable than not that the claim happened as alleged. This standard is lower than the criminal standard, which is beyond a reasonable doubt because civil outcomes (like money judgments) aren’t about the same level of guilt beyond reasonable certainty. Clear and convincing evidence is a higher, narrower standard used in a few civil matters (where more certainty is required), but it’s not the general rule. Probable cause relates to initiating criminal proceedings, and beyond a reasonable doubt applies to criminal cases, not civil ones. So the standard most civil cases use is a preponderance of the evidence.