Which standard is used to make decisions in civil matters?

Prepare for the AAERT Certified Deposition Reporter Exam. Use flashcards and multiple choice questions with explanations and hints. Be confident and ready for your test day!

In civil matters, the standard used to make decisions is the preponderance of evidence. This standard requires that one party's evidence outweighs that of the other party. It is a lower threshold compared to criminal cases, where the standard is "beyond a reasonable doubt." In civil cases, if the evidence presented by one side is more convincing or has greater weight than the other, even if only slightly, that party is considered to have met the burden of proof.

This standard is essential in ensuring that justice is served in civil disputes, as it allows for a determination based on the balance of probabilities. The concepts of "clear and convincing evidence" and "reasonable suspicion" pertain to different contexts; the former is usually reserved for more serious civil matters requiring a higher degree of certainty than preponderance but lower than beyond a reasonable doubt, while the latter is applicable mainly in criminal law concerning law enforcement's justification for searches and seizures. Therefore, preponderance of evidence is fundamentally important in civil litigation, guiding the jury or judge in their decision-making process.

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