What is the burden of proof in a civil case?

In Delaware, the burden of proof in a civil case is the responsibility of the party who is making the allegation. This means the party who is bringing the civil case must prove that their claims are true, by a preponderance of the evidence. This evidence must be presented to the court in order to win the case. A preponderance of the evidence means that the party bringing the case must prove that the facts are more likely true than not true. This is a lower standard of proof than evidence that must be proven “beyond a reasonable doubt”, which is used in criminal cases. In civil cases, the court only needs to be persuaded that it is more probable that the event did occur than it did not occur. In Delaware, the burden of proof in a civil case is the same regardless of which party is bringing the lawsuit or what type of damages they are seeking. The plaintiff, or party bringing the lawsuit, must present evidence that they are more likely right than wrong in order to win the case. This responsibility of proof is necessary in order to ensure that each party has a chance to be heard by the court and to receive fair treatment.

Related FAQs

What is vicarious liability?
What is medical malpractice?
What is contributory negligence?
What is a summons and complaint?
What if the other party doesn’t have enough insurance?
What is a statute of limitations?
What is a wrongful act?
What are the steps involved in a personal injury trial?
What are the damages recoverable in a personal injury case?
What is a settlement conference?

What is the burden of proof in a civil case?

Related FAQs

Related Blog Posts