What is the standard of proof most commonly used in civil trials?

• A. Beyond a Reasonable Doubt
• B. Clear and Convincing
• C. Preponderance of the Evidence
• D. Probable Cause

Answer: (C)

In civil cases, the standard of proof is preponderance of the evidence. This means the plaintiff must show that the facts are more likely true than not—basically, a greater than 50% chance that the claim is true. When the evidence tips the scales in the plaintiff’s favor, the claim is proven and a liable outcome can be entered.

This standard is appropriate for civil disputes because the remedies are typically monetary damages or injunctions rather than criminal punishment. It’s lower than the criminal standard to reflect that civil stakes are different than liberty or life, and it’s higher than a mere guess but not require an absolute certainty.

Clear and convincing evidence is a higher standard used in certain civil contexts (like some fraud cases or involuntary commitment) when more persuasive proof is needed. Probable cause relates to the initiation of a legal action or arrest and isn’t the standard used to decide civil liability. Therefore, the most commonly used standard in civil trials is preponderance of the evidence.