What is the burden of proof required in civil litigation?

In civil litigation, the burden of proof required is "preponderance of evidence." This standard means that one party's evidence must be more convincing than the other party's evidence. Essentially, if the evidence presented by one side is more likely than not to be true, then that side prevails. This is a lower standard than what is required in criminal cases, where the burden of proof is "beyond a reasonable doubt," which demands a much higher level of certainty before a verdict can be reached.

The "preponderance of evidence" standard is often about tipping the scales slightly in favor of one party, making it fundamental to how most civil disputes are resolved. This standard allows for a more flexible and accessible form of justice, as it recognizes that civil cases often do not require the high level of certainty that criminal cases do, thereby reflecting the varying nature of legal claims and the types of evidence presented in civil matters.