What is the standard of proof in a civil trial?
The standard of proof in a civil trial in Illinois is the “preponderance of the evidence” standard. This means that the party providing the evidence (usually the plaintiff) must prove that their claim is more likely to be accurate and true than not. It is not as high a standard as in a criminal trial, which requires “beyond a reasonable doubt”. In a civil trial, the jury will determine which version of the facts is more likely to be true. When the jury determines that one version is more likely to be true than the other, they will usually find in favor of the party with the more likely version. The jury is not required to be absolutely certain that the version is correct, just that it is more likely to be true. In Illinois, this standard of proof is used in civil trials related to drug crimes. When a party brings a civil lawsuit against another party for a drug crime, the plaintiff must prove that their version of the facts is more likely to be true than that of the defendant. The jury will ultimately make the determination as to which party has the more likely version of the facts, and will determine their verdict based on that determination.
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