NCTJ Court Reporting Practice Exam

In civil cases, the "standard of proof" is defined as the preponderance of evidence. This means that one party must demonstrate that their claims are more likely true than not true. This standard is lower than that required in criminal cases, where the prosecution must prove its case beyond a reasonable doubt.

The rationale behind preponderance of evidence is that civil cases typically involve disputes between private parties, such as contracts or torts, rather than issues of criminality. Thus, a lower threshold is appropriate since the stakes are different – typically involving financial compensation or specific performance rather than criminal penalties. The preponderance standard often translates to a simple majority of the evidence, meaning that if the evidence favors one side by greater than 50%, that party is likely to prevail.

Clear and convincing evidence, while also a standard of proof used in some legal scenarios, is generally reserved for specific civil cases that require a higher degree of certainty, such as involuntary commitment or fraud. Clear documentation does not represent a standard of proof but rather pertains to the quality and reliability of evidence presented in court. Beyond a reasonable doubt is exclusively applied within the criminal justice system, requiring a very high certainty of guilt.