What are the legal standards of proof in civil litigation?

In civil litigation, the legal standard of proof used in North Carolina is “Preponderance of the Evidence.” This means that the party trying to prove a fact must provide a greater amount of convincing evidence than their opponent for the court to rule in their favor. This standard of proof is used in all civil cases in North Carolina, such as small claims court, child custody disputes, and contract disputes. The court must weigh all of the evidence provided by both sides and decide whose version of the facts is the most credible. As such, the party trying to prove a fact must have strong evidence that surpasses that of their opponent. This means that North Carolina courts place a higher burden of proof on the plaintiff, or the party making the initial accusation or claim. Preponderance of the Evidence is different from other, more rigorous standards of proof like “clear and convincing evidence” and “beyond a reasonable doubt.” These standards are only used for the most serious of criminal cases such as murder. In civil litigation, a preponderance of the evidence is the legal standard used to determine the facts of a case.

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What are the legal standards of proof in civil litigation?

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