What is the standard of proof in business litigation cases?
In business litigation cases in California, the standard of proof is "preponderance of the evidence." This means that a person must prove that a fact or a claim is more likely true than not true. It does not mean that a person has to prove that the fact or claim is absolutely true. To meet the preponderance of the evidence standard, a person needs to prove that a claim is 51% likely to be true. To do this, they need to provide credible evidence and facts. This may include witness testimony, documents, pictures, videos, and other forms of evidence. The court then considers all the evidence and decides which side is more likely right. In cases involving fraud or other intentional misconduct, the judge may require the person making the claim to meet a higher standard of proof called "clear and convincing evidence." This means that the person making the claim must prove that their claim is substantially more likely to be true than not true. Overall, in business litigation cases in California, the standard of proof is preponderance of the evidence. To meet this standard, the person making the claim must prove that the claim is more likely to be true than not true. When there is intentional misconduct involved, the judge may require the person making the claim to meet a higher standard of proof.
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