What is the burden of proof in a civil case?

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

Answer: (A)

In civil cases the burden of proof is met when the party with the claim persuades the fact-finder that the facts are more likely true than not. That’s the preponderance of the evidence: the scale tips slightly in favor of what the plaintiff asserts, even if the difference is small (more than 50%).

This standard is lower than criminal standards, which require proof beyond a reasonable doubt, because civil outcomes typically involve obligations like paying damages or performing a contract, not depriving someone of liberty. A higher standard exists only in some civil areas (clear and convincing) and is used for certain sensitive or high-stakes matters, but the general rule in civil court is preponderance of the evidence. Probable cause, meanwhile, is a pretrial burden used to justify arrests and searches, not the trial standard of proof.