What is the standard of proof in business litigation cases?

In business litigation cases in Indiana, the standard of proof is “preponderance of evidence.” This means that in order for a judge or jury to decide in favor of one party, they must be persuaded that the evidence presented by one party is more convincing than that presented by the other party. In other words, the judge or jury must find that one side has made a stronger case than the other. This standard means that the judge or jury must find the facts to be “more likely than not” in order to make a decision. This is also known as the “balance of probabilities” standard or “more convincing than not” standard. The preponderance of evidence standard is used in civil cases, such as when one company takes legal action against another for breach of contract or other violations of their rights. In civil cases, the preponderance of evidence standard is a lower standard than the “beyond a reasonable doubt” standard used in criminal cases. This means that the judge or jury is not required to be as certain that the facts are true in order to find in favor of one party. In business litigation cases in Indiana, it is important for both sides to present as much evidence as possible in order to prove their case. The more convincing evidence the one side presents, the better their chances of convincing the judge or jury that their interpretation is correct.

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