Paralegal Advanced Competency Exam (PACE) Practice Exam

Which standard of proof is commonly used in civil lawsuits?

1. Preponderance of evidence

2. Beyond a reasonable doubt

3. Clear and convincing evidence

4. Reasonable suspicion

The correct answer is: Clear and convincing evidence

In civil lawsuits, the standard of proof typically employed is the "preponderance of evidence." This standard requires that one party's evidence be more convincing and carry greater weight than that of the opposing party. Essentially, it means that the likelihood of the evidence favoring one side is greater than 50%. "Clear and convincing evidence," while a higher standard than "preponderance of evidence," is not the most commonly used standard in civil litigation. It is generally applied in more specific circumstances, such as certain types of fraud cases or when a party seeks to establish a claim that is particularly challenging, like the termination of parental rights. This standard necessitates a high degree of certainty but does not reach the level required in criminal cases. "Beyond a reasonable doubt" is the highest standard of proof, primarily utilized in criminal cases to ensure that there is no reasonable uncertainty regarding the defendant's guilt. "Reasonable suspicion" is primarily a standard used in law enforcement, allowing police to conduct a stop or investigation based on specific and articulable facts, but it is not applicable in the context of proving a civil lawsuit. Thus, "preponderance of evidence" is the correct standard for civil cases, enabling parties to establish their claims based