What is the standard of proof necessary to win an appeal?

The standard of proof necessary to win an appeal in North Carolina is known as the “preponderance of the evidence” standard. This means that the appealing party must prove that their arguments are more likely to be true than not, and that their facts are more convincing than those of the opposing party. To win an appeal, the appealing party must convince the appellate court that their argument is correct by presenting persuasive evidence, which must be supported by the law and relevant facts. Appellate courts use this standard of proof because appeals are meant to review the accuracy and legitimacy of lower court decisions. The goal of an appeal is to ensure that a decision was based on the law, and not on a biased or false interpretation of facts. If an appellate court feels that the lower court made an error or misinterpreted the law, then they can reverse the decision or modify it. The burden of proof is on the appealing party, meaning that they must provide evidence that supports their argument and refutes that of the opposing party. If the appealing party is unable to provide enough evidence or fails to refute the arguments of the other side, then the decision of the lower court may stand. In order to be successful, the appealing party must provide clear and convincing evidence that their argument is correct and persuasive.

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What is the standard of proof necessary to win an appeal?

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