What is the burden of proof in civil law?

The burden of proof in civil law is the responsibility of the plaintiff (the person bringing the case) to prove their case. In Tennessee, the standard of proof is the “preponderance of the evidence.” This means that the plaintiff must prove their case more likely than not. This is a much lower standard than the standard of proof used in criminal law, “beyond a reasonable doubt.” In some cases, the plaintiff must prove their case by “clear and convincing evidence.” This is a higher standard of proof that is used in cases involving child custody and other matters of significant importance. It is important to understand the standard of proof in a particular case in order for the plaintiff to prove their case. For example, if a plaintiff needs to prove their case by “clear and convincing evidence” and only proves their case by a “preponderance of the evidence”, then they likely will not be successful. Regardless of the standard of proof, it is the plaintiff’s responsibility to prove their case. The judge will consider the evidence presented by both sides and make a ruling based on the relevant facts. The plaintiff must take this responsibility seriously and understand the standard of proof in their case in order to be successful.

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