AAERT Certified Electronic Reporter (CER) Practice Test

What is the burden of proof in civil cases compared to criminal cases?

1. Decided by preponderance of the evidence

2. Decided beyond a reasonable doubt

3. Equal for both

4. Depends on state law

The correct answer is: Decided by preponderance of the evidence

In civil cases, the burden of proof is established as "preponderance of the evidence." This means that one party must demonstrate that their claims are more likely true than not—essentially, they need to show that there is a greater than 50% likelihood of their assertions being correct. This standard is less stringent than that in criminal cases, where the burden of proof is "beyond a reasonable doubt." The rationale behind having a lower threshold for civil cases stems from their nature, which typically involves disputes between individuals or entities rather than the government prosecuting an individual for a crime. The consequences in civil cases often result in monetary damages or specific performances rather than criminal penalties such as imprisonment. Since the stakes are different, the burden of proof reflects that difference, making it more achievable for plaintiffs in civil litigation to prevail based on the evidence presented. In summary, option A accurately captures this distinction in the burden of proof between civil and criminal cases.