What is the burden of proof in civil cases?

In Massachusetts, the burden of proof in civil cases is defined by what is known as a “preponderance of the evidence”. This means that the plaintiff (the person filing the lawsuit) must provide sufficient evidence that it is more likely than not that their claims against the defendant (the person being sued) are true. This is a lower standard of proof than criminal cases, which require proof “beyond a reasonable doubt”. In other words, the plaintiff in a civil case does not have to prove their claims with absolute certainty, just that it is more likely than not that their version of events is correct. A plaintiff must provide all necessary evidence to prove their case in order to win. This evidence can include documents, witnesses, or testimony in a trial. Depending on the case, a plaintiff may need to show different kinds of evidence. For example, in an employment discrimination case, the plaintiff may have to provide evidence of their work experience, the treatment they received from their employer, and any witnesses who can testify to the discriminatory behavior. In civil cases, both the plaintiff and the defendant have the opportunity to present their evidence in court and make their case. The judge or jury will then review all the evidence and decide which version of the events is the most likely to be true, based on the “preponderance of the evidence” standard.

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What is the burden of proof in civil cases?

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