What is the standard of proof in a civil case?

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

Answer: (B)

In civil cases the burden is a preponderance of the evidence: the plaintiff must show that it is more likely true than not that the claims are true. Saying “a fair preponderance of the evidence” captures that same idea—the evidence on one side must merely have greater weight, tipping the scales in favor of that side. This standard is lower than the criminal standard of beyond a reasonable doubt and lower than the higher civil standard of clear and convincing evidence. So, if the evidence overall leads the fact-finder to conclude that one side’s version is more likely true, that side has proven its claim.