The burden of proof determines who must prove a claim, and how strong the evidence must be in order for a judge or a jury to accept it. The legal strategy will vary depending upon the burden of proof and the legal standard necessary to meet it.

The burden of proof exists to ensure that legal decisions are based on facts and not conjecture. The party initiating the lawsuit, typically known as the plaintiff, must support his or her claim with facts and evidence. There are two types of burdens of proof:

• Burden of Production – This is the duty to provide enough evidence to support a legal case
• Burden of Persuasion –  This is the duty to convince the judge or jury that the claim is true, and is subject to evidentiary legal standards such as clear and convincing evidence

Legal Standards To Meet the Burden of Proof

In civil cases, such as personal injury claims, the courts generally require a legal standard called the “preponderance of the evidence” to meet the burden of proof. Personal injury claims can include slip and fall cases and automobile accidents. A “preponderance of the evidence” means that it is more likely than not that a fact is true. 

Less commonly, a standard known as “clear and convincing evidence’ is used in civil cases. A plaintiff can meet this legal standard by showing that it is highly probable that a fact is true. In California, the “clear and convincing evidence” standard is used when a plaintiff is seeking punitive damages in addition to compensatory damages. In a number of jurisdictions, this is also the standard in civil cases involving fraud, the probate of wills, withdrawing life support, and conservatorships. 

In criminal cases, the courts use the highest standard in the legal system – “beyond a reasonable doubt” – to meet the burden of proof. This is the highest evidentiary standard in the legal system, and is the standard for criminal cases in all states. To meet this standard, most states require a prosecutor to present evidence so convincing of a defendant’s guilt that it leaves no doubt in the minds of the jurors. 

‘Substantial evidence’ is the legal standard that is often used in administrative hearings. During an administrative proceeding, a judge may be examining a government agency’s decision. To meet the “substantial evidence” burden, a government agency must show that, after review of the entire administrative record, there is substantial evidence upon which it could have based its decision. 

“Probable cause” is another evidentiary standard, and this is included in the Fourth Amendment. Police must have probable cause before they conduct a search and seizure or make an arrest. Generally, this means that there must be a reasonable basis for taking the action. 

In civil and criminal cases in California, the presiding judge will instruct the jury as to who has the burden of proof and the applicable legal standard. 

Contact the Law Offices of Earl E. Conaway, III

Here at the law offices of Earl E. Conaway, III, our practice focuses on pursuing compensation for injury victims throughout the State of California. Contact us today to see how we can help you.