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Attorney Steve® discusses the burden of proof in a civil lawsuit (ex. financial elder abuse case or copyright infringement matter), and for a criminal case (ex. criminal copyright infringement). Criminal cases have a higher standard of proof because of the potential consequences (imprisonment).

As this video suggests, in some cases, such as potentially in a real estate elder abuse case, you can seek to "shift the burden of proof" to the opposing party Defendants. This can be the difference between winning or losing your real estate case. You cannot shift the burden in all cases, however, only where the statute or case law permits it.

PREPONDERANCE OF THE EVIDENCE STANDARD

The first standard is the "preponderance of evidence standard. Some call this the "tug of war" approach or the "51% rule." This is typical in California civil court cases. The question becomes "is it more likely than not" that the wrongdoing occurred, for example, a breach of contract or a sexual abuse case against a church or clergy.

See our video on AB 218:    • AB 218 LANDMARK law for child sexual ...  

CLEAR AND CONVINCING EVIDENCE STANDARD OF PROOF

Then, it moves to "clear and convincing evidence" (this is the standard in a real estate license accusation and often times in a "fraud" case depending upon your state). This requires a Plaintiff to prove to a higher degree of certainty that the facts alleged actually occurred.

BEYOND A REASONABLE DOUBT - CRIMINAL LAW STANDARD

Finally, there is the very high standard of "beyond a reasonable doubt" (this is the criminal law standard in most cases). This is important to try to ensure that innocent people do not go to jail. The old saying is we would rather have a 1,000 guilty people go free than to have one person wrongfully spend time in jail. Just think if that one person was you. So, this is the highest standard in the United States justice system. This requires a prosecutor to prove EVERY ELEMENTS OF A CRIME BEYOND A REASONABLE DOUBT. People can debate what a "reasonable doubt" is but that is the subject of another video. MAKE SURE TO SUBSCRIBE!!

Again, there may be other standards depending on the law or statute involved (EX. "STRICT LIABILITY") and/or the jurisdiction.

This is general legal information only and not specific legal advice.

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