In a civil case, the burden of proof primarily rests on the party making a claim to establish that their allegations are more likely to be true than not true. This standard is commonly known as the preponderance of the evidence.
Understanding the Preponderance of the Evidence
The "preponderance of the evidence" is the lowest standard of proof in the legal system, often visualized as tipping the scales of justice ever so slightly in one party's favor. It does not require absolute certainty, but rather that the evidence supporting a claim is more credible and convincing than the evidence against it.
As explained by California Civil Jury Instruction 200, a party must persuade the decision-maker—typically a jury—through the evidence presented in court, that what they are required to prove is more likely to be true than not true. This is the fundamental meaning of the burden of proof in civil litigation. Essentially, if a claim is 50.0001% likely to be true, it meets this standard.
Key Aspects:
- Quantity and Quality: It's not just about the volume of evidence, but also its persuasive quality. One highly credible piece of evidence can outweigh many less credible ones.
- Fact-Finder's Role: The judge or jury must weigh all the evidence presented by both sides to determine which version of events is more probable.
Who Bears the Burden?
Typically, the plaintiff (the party initiating the lawsuit) bears the initial burden of proof for the claims they assert. This is because they are the ones seeking a remedy or judgment from the court.
However, the burden can shift:
- Affirmative Defenses: If a defendant raises an affirmative defense (e.g., self-defense, statute of limitations), they then bear the burden of proving that defense.
- Counterclaims: If a defendant files a counterclaim against the plaintiff, they bear the burden of proof for their counterclaim.
Civil vs. Criminal Burden of Proof
Understanding the burden of proof in civil cases is often clarified by comparing it to the higher standard used in criminal cases.
| Feature | Civil Case | Criminal Case |
|---|---|---|
| Burden of Proof | Preponderance of the Evidence | Beyond a Reasonable Doubt |
| Likelihood Required | More likely than not (over 50%) | Near certainty (no reasonable doubt) |
| Purpose | To resolve disputes, compensate for harm | To punish offenders, protect society |
| Outcome | Damages, injunctions, specific performance | Guilt or innocence, leading to penalties |
Practical Implications and Examples
The "preponderance of the evidence" standard is crucial in ensuring fairness and efficiency in civil disputes.
Examples:
- Personal Injury Case: If someone sues for injuries sustained in a car accident, they must prove it's more likely than not that the other driver's negligence caused their injuries. They would present evidence like police reports, medical records, and witness testimony.
- Breach of Contract: In a contract dispute, the party alleging a breach must demonstrate it's more probable than not that the other party failed to uphold their contractual obligations, often through presenting the contract itself, communications, and performance records.
- Property Dispute: If two neighbors dispute a property line, the party claiming a specific boundary must present deeds, surveys, and historical evidence to show their claim is more likely to be accurate.
This standard allows civil disputes to be resolved based on the most probable outcome, without requiring the stringent level of proof necessary for depriving someone of their liberty or imposing severe criminal penalties.
