Talk:Fraud and Scam Center/@comment-98.150.129.129-20121216224001/@comment-98.150.129.129-20121217020650

OH, and BTW... since I already got "lawyered"... I figure I would pass this on to our buding young litigator; juuuuust in case she might have forgotten:

BURDEN OF PROOF... (well, at least in the U.S.)

Civil law
In civil litigation, the burden of proof is initially on the plaintiff. However, there are a number of technical situations in which the burden shifts to the defendant. For example, when the plaintiff has made a prima facie case, the burden shifts to the defendant to refute or rebut the plaintiff's evidence.

In civil litigation, the plaintiff wins if the preponderance of the evidence favors the plaintiff. For example, if the jury believes that there is more than a 50% probability that the defendant was negligent in causing the plaintiff's injury, the plaintiff wins. This is a very low standard, compared to criminal law.

A few tort claims (e.g., fraud) require that plaintiff prove his/her case at a level of "clear and convincing evidence", which is a standard higher than preponderance, but LESS THAN "beyond a reasonable doubt."