What is the burden of proof in civil cases?

Study for the Idaho Peace Officer Standards and Training (POST) Exam. Master with flashcards and multiple choice questions. Each question offers hints and explanations. Prepare confidently for your test!

In civil cases, the burden of proof is defined as "preponderance," which means that a party must show that their version of the facts is more likely true than not. This standard is often understood as requiring the evidence to weigh more in favor of one side than the other, effectively establishing a greater than 50% likelihood of the claims being accurate. This contrasts with the higher standard used in criminal cases, which is "beyond a reasonable doubt," where the evidence must leave no reasonable doubt of the defendant's guilt.

The "clear and convincing evidence" standard, while also used in certain civil matters (like some fraud claims), is a higher threshold than preponderance and is not the general standard for all civil cases. "Probable cause" refers more to the reasonable grounds needed for arrest in criminal law and is not applicable in the context of civil litigation. Thus, the correct understanding of burden of proof in most civil cases is indeed "preponderance."

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