What is the standard of proof in business litigation cases?
In business litigation cases in New Hampshire, the standard of proof is known as the “preponderance of the evidence” standard. This means that the evidence must show that it is more likely true than not true. The court puts the burden of proof on the party that has lodged the claim or suit. This is usually the plaintiff, but it could also be the defendant if they are filing a counterclaim. The court must decide the case based on the evidence presented in the trial or other proceedings. The court must weigh all of the evidence when making its decision, including testimony, exhibits, and other forms of evidence. The court must then decide whether it is “more likely true” that one party presented a better case than the other. In some cases, the preponderance of the evidence standard may be difficult to meet. In some cases, the evidence may be inconclusive, and the court may not be able to reach a conclusion based on the evidence. In that case, the court may need to decide based on its understanding of the law and the facts as presented in the evidence. The preponderance of the evidence standard is often seen in civil cases, including business litigation cases. This standard of proof usually requires the plaintiff to present evidence that is more likely true than not true. This is a lower standard than the “beyond a reasonable doubt” standard used in criminal cases, which requires the evidence to prove a case beyond any reasonable doubt.
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