Burdens of Proof

The burdens of proof in civil and criminal matters are different. Violations of criminal law must be proven beyond a reasonable doubt, which does not mean beyond all doubt, but beyond such doubt as a reasonable person might have based upon the evidence presented. The burden of proof in civil matters generally is by a preponderance of the evidence, which means that it is more likely than not that one side should be believed based upon the evidence presented. In some circumstances, the burden of proof in civil matters can be higher, such as a requirement that the matter be proven by clear and convincing evidence.