What is the standard of proof in defamation cases?

In California, the standard of proof in defamation cases is referred to as the “preponderance of the evidence” standard. This means that in order to prove defamation, the plaintiff (the person suing for defamation) must demonstrate that it is more likely than not that the defendant (the person being sued for defamation) made a false and defamatory statement about the plaintiff. If the plaintiff can prove that it is more likely than not that the defendant made a false and defamatory statement about the plaintiff, then the plaintiff has satisfied the standard of proof. This means that the plaintiff has proven their case and the court can then issue a judgment in favor of the plaintiff. The preponderance of the evidence standard is a lower standard than “clear and convincing evidence” or “beyond a reasonable doubt”, which are the standards of proof used in criminal cases. This lower standard is intended to make it easier for people who have been defamed to hold the defamer accountable and to protect people from having their reputations unfairly tarnished.

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What is the standard of proof in defamation cases?

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