What is the standard of proof required in a civil case?

In a civil case, the standard of proof that must be met is referred to as "the balance of probabilities." This means that the party bearing the burden of proof must demonstrate that their claims are more likely true than not true. Essentially, if the evidence presented leads the court to conclude that there is a greater than 50% chance that the assertions made by one party are accurate, then that party has met the requisite standard.

This standard is significant because it reflects the nature of civil litigation, where the consequences often involve compensatory damages or specific performance rather than criminal penalties. The lower standard of proof in civil cases allows for a more accessible path for parties to seek redress and resolution in disputes.

In contrast, other standards of proof, such as "beyond a reasonable doubt," are reserved for criminal cases due to the higher stakes involved, which include potential loss of liberty. "Clear and convincing evidence" is a higher threshold than the balance of probabilities, used in certain civil cases like those involving the termination of parental rights or fraud. Thus, the balance of probabilities is the appropriate standard in most civil litigation contexts, making it the correct choice in this instance.