Different burdens of proof reshape how much evidence each side must present.

Evidence

In civil cases, the plaintiff need merely prove its case by a preponderance of the evidence, so the defense must offer a version of the facts at least as convincing as the plaintiff’s account. Therefore, although the process of offering testimony and other evidence is the same in civil cases as in criminal cases, the greater burden on the defense usually requires presentation of a more elaborate case for the defense. — G. Alan Tarr, Judicial Process and Judicial…, 1395

Categorization

• DEFINE: Contrasts preponderance (civil) with beyond-a-reasonable-doubt (criminal) as the driver of defensive strategy.
• XREF: connects to: Criminal and civil cases apply different burdens and standards of proof — G. Alan Tarr, Judicial Process and Judicial…, 1309; Relaxing evidence rules shifts their burden from protection to exposure depending on one’s position — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4840; The government, not claimants, should bear the burden of proof — Dorothy A. Brown, Getting to Reparations: How Building a…, 538 (+4 more)

Broader Connections

• Relaxing evidence rules shifts their burden from protection to exposure depending on one’s position #expands (1.00) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4840
• The government, not claimants, should bear the burden of proof #corroborates (1.00) — Dorothy A. Brown, Getting to Reparations, 538
• Shifting the burden of proof can expand the reach of a civil rights remedy. #expands (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 1563
• Presenting disconfirming evidence to partisans strengthens rather than weakens their views #expands (1.00) — Sander van der Linden, Foolproof, 132
• The adversary system works by having opposing sides produce and challenge evidence #corroborates (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 802