What is the difference between the Burden of Proof and the Preponderance of Evidence? Give an example of each.

Law

1 answer:

daser333 [38]3 years ago

8 0

Answer:

Burden of Proof -

Explanation:

The burden of proof determines which party is responsible for putting forth evidence and the level of evidence they must provide in order to prevail on their claim. In most cases, the plaintiff (the party bringing the claim) has the burden of proof.

EX: a person makes a claim. Another person refutes the claim, and the first person asks them to prove that the claim is not true.

Under the preponderance standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true.

EX: if Linda sues Tom due to injuries she sustained in a car crash, Linda must convince the courts that it is more probable than not that Tom caused the crash resulting in her injuries.

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