Burden of Proof in a Civil Case. Burdens of proof vary, depending on the type of case being tried. The plaintiff's burden of proof in a civil case is called preponderance of evidence. Preponderance of evidence requires the plaintiff to introduce slightly more or slightly better evidence than the defense. This can be as low as 51 percent.. Burden of Proof. A party's duty to produce sufficient evidence to support an allegation or argument. Plaintiffs in civil cases typically have the burden of proving their allegations by a preponderance of the evidence. In criminal cases, the prosecution typically has the burden of proving its allegations beyond a reasonable doubt. End of Document.

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State legislatures have the authority to establish presumptions and rules respecting the burden of proof in litigation.1 Footnote Hawkins v. Bleakly, 243 U.S. 210, 214 (1917); James-Dickinson Co. v. Harry, 273 U.S. 119, 124 (1927). Congress's power to provide rules of evidence and standards of proof in the federal courts stems from its power.. All legal cases, whether civil or criminal, have certain evidence-related thresholds that must be met before a defendant can be found guilty or liable. The "burden of proof" refers to just how convinced the judge or jury must be before believing something. Get the compensation you deserve. We've helped 285 clients find attorneys today. First Name.