What is the burden of persuasion in civil law?

The burden of persuasion in civil law is the standard of proof that a party must meet in order to win their case. In South Carolina, the standard of proof in civil cases is “preponderance of the evidence”. This means that the party bringing the case must prove that the facts that they are presenting are “more likely than not” or “more probably true than not”. In other words, the party bringing the case must convince the court that they are correct by a sufficient amount. Unlike criminal law, where the burden of proof is “beyond a reasonable doubt”, civil law allows for less stringent proof requirements. This means that the party bringing the case does not need to prove that they are absolutely correct, but just provide enough evidence that their position is more likely than not true. If the judge or jury finds that the case has met the preponderance of the evidence standard, then the party bringing the case will have met the burden of persuasion and wins the case. The burden of persuasion is an important part of all civil cases in South Carolina and it is the standard that all parties involved must meet in order to win their case. This standard is used to ensure that the parties are given an equal opportunity to make their case and that the ultimate decision is based off of the facts and evidence presented in court.

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