What is the burden of proof in a business litigation case?

In Massachusetts, the burden of proof in a business litigation case is determined by the standard of proof that applies to the specific case. The standard of proof that is most commonly used in civil litigation cases is the “preponderance of the evidence standard.” This standard requires the plaintiff (the person bringing the claim) to persuade the court that the facts of their case are more likely true than not true. Essentially, this means that the plaintiff needs to prove the facts of their case are more probably true than not. In more significant cases, however, the “clear and convincing evidence standard” may be applicable. This standard of proof requires that the plaintiff demonstrate that it is substantially more probable than not that the facts of their case are true. In other words, the plaintiff must prove that their case is highly probable. Finally, in criminal litigation cases, the highest standard of proof is used: “beyond a reasonable doubt.” This standard of proof requires that the prosecutor must prove that the facts of the case are virtually certain, and that there is no reasonable doubt as to the guilt of the accused. Overall, the standard of proof that is applicable to a business litigation case in Massachusetts will depend on the specific facts of the case. In most cases, the plaintiff needs to prove that the facts of their case are more likely true than not; but in more serious cases, the plaintiff may be required to prove that the facts of their case are even more likely true than not.

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