The Three Standards Of Proof In Law

In the law, there are three primary standards of proof used for different situations.

Depending on which court you’re in, or what you’re litigating, the standard of proof used to determine your case will be different.

The three standards are: perponderance of the evidence, clear and convincing evidence, or beyond a reasonable doubt.

Lowest Standard: Perponderance Of The Evidence

This is the lowest standard in law. In layman’s terms it means “more likely than not.” If you can prove your case by a 51% liklihood, or tip the scales ever so slightly in your favor, then the standard is satisified and you win.

Courts that use this standard: small claims, civil claims, will contests, DCF temporary custody hearings, criminal matters involving violations of probation.

So if someone sues you for hitting them with your car, they need to show that more likely than not, or by a 51% liklihood, you hit their car.

If someone is contesting a will, they need to show that by a 51% liklihood something was wrong with the will.

If someone sues you in small claims for a debt you owe or collections, they need to show by 51% liklihood that you owe the debt. They can do this by questioning you or introducing other evidence like transaction statements.

Who decides if the standard has been met – either a judge or a jury. So the standard is very subjective, but it’s still the lowest in law. Meaning, if you’re a defendant, it is the hardest standard to defend yourself against.

Clear And Convincing Evidence

This is the middle standard in law. Another highly subjective standard, it’s used for certain contract disputes and for termination of parental rights.

This standard is higher than the perponderance of evidence standard, meaning that the judge or jury needs to consider more than just a 51% liklihood.

When judges evaluate this standard, they don’t just ask the question of “more likley than not,” but rather, whether the evidence was clear and convincing (it’s in the name)

Beyond A Reasonable Doubt

When it comes to criminal matters, the highest degree of legal standards is used.

Beyond a reasonable doubt was created to assure jurors that they wouldn’t be condemned to hell if they wrongfully convicted a defendant.

Today, it’s used as a paramount protection for criminal’s liberties, especially when charged with serious crimes like assault with a dangerous weapon.

If there is any doubt whatsoever that a defendant is innocent, then he or she cannot be convicted.

This is the highest standard in law and is only used in criminal matters.

It All Depends Which Court You’re In

What standard will be used on your case depends on which court you’re in and on what the matter being addressed is.