What is the standard of proof for contract breach in civil litigation?

The standard of proof for contract breach in civil litigation in New Mexico is the preponderance of the evidence. The preponderance of the evidence is defined as showing that it is more likely than not the breach occurred. This means that the plaintiff, or the party claiming the breach, must provide evidence that is more convincing than that of the defendant. For example, in order to prove that a breach of contract occurred, the plaintiff must provide evidence that it is more likely than not that the terms of the contract were violated. This may include testimony from witnesses, written contracts or emails, or documents that demonstrate the breach. The defendant may also provide evidence to show that no breach occurred. The burden of proof in civil litigation is lower than in criminal cases. In civil cases, the plaintiff must prove their case by a preponderance of the evidence, whereas, in criminal cases, the prosecutor must prove their case beyond a reasonable doubt. The standard of proof for civil litigation is based on the idea of balance between the parties. If the evidence tips to one side, that side should prevail.

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What is the standard of proof for contract breach in civil litigation?

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