What is the burden of proof in civil cases?

In civil cases in Delaware, the burden of proof is on the party bringing forth the claim. This means that the party bringing the claim—known as the plaintiff—must prove that their claim is true beyond a reasonable doubt. To do this, the plaintiff must present enough evidence to convince a jury or judge that their position is more likely true than false. The burden of proof in a civil case is known as a "preponderance of the evidence," which is a lesser standard than the "beyond a reasonable doubt" threshold used in criminal cases. In civil cases, the burden of proof is met when the plaintiff presents the jury or judge with enough evidence to show that it is more likely than not that their claim is valid. For example, if a plaintiff is suing a defendant for negligence, the plaintiff must present enough evidence to show that it is more likely than not that the defendant was negligent. When the burden of proof has been met, the other party, known as the defendant, has a chance to present their own evidence to persuade the jury or judge that their position is more likely true than false. The judge or jury then weighs all the evidence presented before making a ruling. If the judge or jury finds that the plaintiff has met the burden of proof then they will rule in favor of the plaintiff.

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What is the burden of proof in civil cases?

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