What is the burden of proof in civil law?
In civil law cases in Kansas, the burden of proof is on the plaintiff (the individual or organization bringing the claim) to prove their case. The plaintiff must prove their claim “by a preponderance of the evidence.” This means that the plaintiff must show that it is more likely than not that their version of the facts is true. The preponderance of the evidence standard is less strict than the “beyond a reasonable doubt” standard used in criminal trials. All that is necessary to meet the preponderance of the evidence standard is that the facts presented are more likely to be true than not true. The plaintiff does not have to prove their case to an absolute certainty, but only to the point that it is more likely than not. Defendants in civil cases, on the other hand, do not have to prove anything. All they must do is present enough evidence to challenge the plaintiff’s claims. The defendant’s goal is to cast doubt on the plaintiff’s case, and if the defendant can do this then the burden of proof remains entirely on the plaintiff. The burden of proof in civil law cases in Kansas is on the plaintiff. The plaintiff must prove their case by a preponderance of the evidence, which is a less strict standard than in criminal cases. The defendant is not required to prove anything, but can present evidence to challenge the plaintiff’s claims.
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