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The burden of proof and the standard of proof are separate

How can one event lead to an acquittal in a criminal court and liability in a civil case? In many common-law systems, an ordinary civil claim uses a more-likely-than-not standard, while a criminal conviction requires proof beyond reasonable doubt. Who must prove a claim is a separate question from how convincing that proof must be, and particular claims can have different rules.

3–7 min

Questions you could explore

  • Why would a different outcome in civil and criminal proceedings not automatically mean one court ignored the evidence?
  • How does the burden of producing proof differ from the standard that the evidence must meet?

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