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LaMarca Law Group, P.C. > Articles > What is the Standard of Guilt in Civil Cases? One of the most important underlying premises of any civil or criminal case is the level of proof that must be presented for the plaintiff or prosecution to prevail. This is sometimes referred to as the standard of guilt. In a criminal case, the defendant must be shown to be so certainly guilty that a reasonable person would not doubt the prosecutionâs case. In a civil case, however, the plaintiff is only required to present evidence and arguments which suggest that it is more likely than not that the assertions made are true.
While the burden of proof necessary to convict a person of a crime is âbeyond a reasonable doubt,â a much lower standard of proof is required in civil matters. 1  Preponderance of Evidence â The evidence in a case is convincing that the facts as presented by one party are more likely to be true than not true.