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<p>[QUOTE="Coinchemistry 2012, post: 2380181, member: 28107"](1) I hope if you ever are involved in litigation, that you do not ever cite Wikipedia or any other "wiki" that can freely be edited by anyone. The judge will laugh at you as will opposing counsel.</p><p><br /></p><p>(2) Preponderance of the evidence is the lowest standard used in civil cases, and means "more likely than not". It is very rarely used in for situations like this (I cannot think of any state that uses this for breach of contract or civil fraud cases), and the usual standard is an intermediate standard referred to in my state as "clear and convincing evidence." Some other states use a slightly different name, but it is the same standard. It is a higher standard than the preponderance of the evidence standard, but lower than the beyond reasonable doubt standard used in criminal proceedings.</p><p><br /></p><p>(3) The other poster acknowledged different <i>burdens of proof </i> ; however, he was addressing the rules of evidence. There are a few areas where there are some differences (for instance the admission of hearsay documents such as lab tests in a DUI/drug cases because of the Confrontation Clause of the Sixth Amendment), but otherwise the rules are very similar. In fact, my state Supreme Court routinely refers to the civil cases in criminal cases on appeal and vice versa when it comes to applying the rules of evidence. The term "rules of evidence" refers to how you get evidence into the court's record.</p><p><br /></p><p>(4) A sizable portion of the bar does both civil and criminal work.[/QUOTE]</p><p><br /></p>
[QUOTE="Coinchemistry 2012, post: 2380181, member: 28107"](1) I hope if you ever are involved in litigation, that you do not ever cite Wikipedia or any other "wiki" that can freely be edited by anyone. The judge will laugh at you as will opposing counsel. (2) Preponderance of the evidence is the lowest standard used in civil cases, and means "more likely than not". It is very rarely used in for situations like this (I cannot think of any state that uses this for breach of contract or civil fraud cases), and the usual standard is an intermediate standard referred to in my state as "clear and convincing evidence." Some other states use a slightly different name, but it is the same standard. It is a higher standard than the preponderance of the evidence standard, but lower than the beyond reasonable doubt standard used in criminal proceedings. (3) The other poster acknowledged different [I]burdens of proof [/I] ; however, he was addressing the rules of evidence. There are a few areas where there are some differences (for instance the admission of hearsay documents such as lab tests in a DUI/drug cases because of the Confrontation Clause of the Sixth Amendment), but otherwise the rules are very similar. In fact, my state Supreme Court routinely refers to the civil cases in criminal cases on appeal and vice versa when it comes to applying the rules of evidence. The term "rules of evidence" refers to how you get evidence into the court's record. (4) A sizable portion of the bar does both civil and criminal work.[/QUOTE]
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