What is the burden of proof in a civil case?

Study for the Ontario Paralegal License Exam. Prepare with flashcards and multiple choice questions, each with hints and explanations. Get ready for your exam!

In a civil case, the burden of proof is represented by the obligation to prove allegations by a "preponderance of the evidence." This standard means that a party must show that their claims are more likely true than not, or that there is a greater than 50% chance of their truth. It is a lower threshold for proof compared to the criminal standard of "beyond a reasonable doubt," which is much higher because it involves the potential loss of liberty.

In civil litigation, the emphasis is on the weight of the evidence rather than its irreproachability. This standard allows the court to make a decision based on which party’s evidence is more convincing and credible, as opposed to requiring unequivocal proof. This is why establishing a "preponderance of the evidence" is essential in civil cases, where outcomes usually involve compensation or specific performance rather than criminal penalties.

The other options relate to standards or requirements that do not apply to civil cases. For example, the concept of proving "beyond a reasonable doubt" is reserved for criminal cases. Additionally, demonstrating guilt with physical evidence pertains to the criminal burden, which again does not apply in civil matters. Lastly, the requirement for unanimous consent from a jury is a procedural aspect often associated with

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