What is the standard of proof for defamation in civil litigation?

The standard of proof for defamation in civil litigation in Florida is preponderance of the evidence. This means that a plaintiff must prove that the statement made was more likely true than not true. This is different from the standard for criminal cases, where a defendant must be proven guilty beyond a reasonable doubt. To successfully be able to prove libel or slander, the plaintiff must prove four elements: 1. A false statement concerning another person or entity must have been made. 2. The statement must have been published or communicated to someone other than the injured party. 3. The party making the statement must have acted negligently or with a malicious intent. 4. The statement must have caused harm to the person or entity it was about. The preponderance of evidence standard means more than a 50% chance that the statement was false. In other words, the plaintiff must present a majority of evidence to prove that the statement was false. The evidence presented must be both direct and circumstantial. Direct evidence is when a witness saw or heard the statement that was made. Circumstantial evidence is evidence that implies something happened without actually having witnessed it. The preponderance of the evidence standard must be met in order to win a defamation case in Florida. The evidence must prove that it is more likely than not that the statement was false and was made with malicious intent. The evidence presented must be greater than 50%.

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