What is the standard of proof for a civil case?
In a civil case in Hawaii, the standard of proof is "preponderance of the evidence." This means that the plaintiff (the party taking legal action) must prove that the facts of their case are more likely true than not. The evidence they present must be more likely to support their claims than not. This is in contrast to the standard of proof in a criminal case, which is “beyond a reasonable doubt” and requires the prosecution to prove the defendant’s guilt beyond any reasonable doubt. In a civil case, the preponderance of the evidence is determined by the judge or jury. They look at all the evidence that has been presented and decide if it supports the plaintiff’s case more than the defense’s. The judge or jury can also consider which party bears the burden of proof and which party has the strongest evidence. If the plaintiff has provided more evidence to support their claims than the defendant, then the judge or jury will likely find in the plaintiff’s favor. The preponderance of the evidence standard is used in most civil cases in Hawaii. This standard is used to ensure that the plaintiff can prove their case in a court of law. In some cases, the judge or jury may be asked to apply a higher standard such as “clear and convincing” evidence, which is used for cases involving matters of great importance.
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