What are the legal standards of proof in civil litigation?

In Tennessee, the legal standards of proof in civil litigation are based on the level of proof that must be provided to win a case. The two standard levels used are “preponderance of the evidence” and “clear and convincing evidence”. The preponderance of the evidence requires that the facts presented must “tip the scale” in favor of the party making the claim. This is the most commonly used standard in civil cases and is used in most cases involving monetary damages. The clear and convincing standard requires facts to be presented that are substantially more likely to be true than false. This higher standard is most commonly used in cases involving the loss of fundamental rights, such as a parent’s right to visitation of their child. This standard is also commonly used in cases involving fraud or other types of intentional wrong doing. To meet either standard, a party making a claim must present evidence that persuades the court or jury. The evidence presented in a civil trial must be reliable and relevant to the case. The burden of proof is always on the party making the claim and the judge or jury will usually decide whether that burden has been met.

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What are the legal standards of proof in civil litigation?

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