![]() dependency cases (loss of parental rights).Generally, this standard is reserved for civil lawsuits where something more than money is at stake, such as civil liberties. The clear-and-convincing-evidence standard goes by descriptions such as "clear, cogent, unequivocal, satisfactory, convincing" evidence. ![]() Preponderance of the evidence is met if the trier of fact (judge or jury) believes the evidence shows the defendant is more likely than not-more than 50% likely to be-responsible. In these cases a plaintiff is typically suing a defendant for lost money because of acts like breaking a contract or causing a car accident (the money loss might be due to vehicle damage and medical bills, for example). The preponderance-of-the-evidence standard is the default for most civil lawsuits. 389 (1971).) Preponderance of the Evidence This standard falls between probable cause and preponderance of the evidence, and requires more than a "mere scintilla of evidence." Substantial evidence is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." ( Richardson v. Appellate judges who in turn review administrative judges' decisions often use the "substantial evidence" standard. A citizen affected by the decision brings a challenge, and the ALJ reviews the decision. Substantial EvidenceĪt an administrative hearing, an administrative law judge (ALJ) reviews the decision of a government agency, such as the DMV or an unemployment agency. ![]() Preliminary hearings also involve a determination of probable cause. These standards are most often at issue when defendants file motions to suppress evidence. In criminal cases, two such standards are reasonable suspicion and probable cause. Some legal standards aren't used by jurors at a trial, but by judges who must make determinations at pretrial hearings. (For an important distinction in legal terms, see " What's the difference between the burden of proof and the standard of proof?") STANDARDS BEFORE TRIAL Potential loss of liberty (jail or prison), for example, involves a higher standard of proof than a lawsuit for money. ![]() The more serious the consequences, the higher the standard of proof is likely to be. The standard that applies depends on the type of case. The following are the most common standards of proof in civil and criminal cases, from lowest to highest. ![]()
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