What is the burden of proof in civil cases?
The burden of proof in civil cases in Florida is determined by the preponderance of the evidence. The preponderance of the evidence, also known as the balance of probabilities, is the legal standard used in civil cases. It requires that the amount of evidence to support an argument be greater than the evidence against it. This means that if the evidence is in favor of one side of a dispute, then that side should prevail. Another way of saying this is that if the evidence is roughly equal on both sides of the dispute, then the result should be based on a guess, and thus the side that initiated the dispute should lose. For example, if one side has a witness to support their case and the other side has no witnesses to support theirs, then the side with the witness should be the one declared victorious. The burden of proof in civil cases in Florida is preponderance of the evidence, and this requires that the side with the stronger evidence be the one to prevail.
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