What is the standard of proof in a civil trial called?

The standard of proof in a civil trial is known as "preponderance of evidence." This standard requires that the evidence presented by one party must be more convincing than the evidence presented by the other party. Essentially, it means that there is a greater than 50% likelihood that the claim is true. This lower standard, compared to criminal trials, reflects the nature of civil matters, where typically the stakes are less severe and may involve disputes such as contracts, negligence, or property issues.

For example, if two parties are in a dispute over a contract, the party that can show that their version of events is more likely to be true than not is favored—hence, "preponderance of evidence." This standard allows for a more flexible approach in resolving civil conflicts compared to the higher standard of "beyond a reasonable doubt," which is reserved for criminal cases where a defendant's liberty is at stake. Other options like "clear and convincing evidence" apply in specific civil contexts, such as fraud cases or termination of parental rights, but are not the general standard for all civil trials. The burden of proof itself is the responsibility to prove the claims made, but the specific standard in civil trials is indeed the "preponderance of evidence."