What is the standard of proof for a civil case?
In North Dakota, the standard of proof in a civil case is known as a "preponderance of the evidence" standard. This means that to win a case, one party must prove its case is more likely true than not. This is a lower burden of proof than is required in a criminal case, where the standard of proof is "beyond a reasonable doubt." The preponderance of the evidence standard forces the parties to present evidence and arguments in court and to a judge or jury. They must show that their claims are more likely true than not. For example, in a breach of contract case, if one party argues that the contract was broken by the other party, the party must present evidence and argue that it is more likely that the contract was broken than that it wasn’t. The preponderance of the evidence standard is a common burden of proof for civil cases in North Dakota and across the country. It is important for parties in civil cases to understand this concept as they prepare for a trial. It is also important for the court in deciding whether a case has been proven by a preponderance of the evidence.
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