Law Review

Most people find themselves completely confused by the law and legal terms. If you even so much as glance at the fine print on your phone bill you are overwhelmed with a slew of legal terms like “Arbitration” and “Summary Judgment”. Well, look no further, because we will define some common legal terms right here.

Sometimes we hear people in the news or on television talk about burdens of proof and standards of evidence. The University of California, Santa Barbara A Standard of Evidence as the “measuring stick” by which an administrator or judicial body makes a decision. What this means that all evidence that is presented in a trial has to reach a certain level of proof. There are three general standards: proof beyond a reasonable doubt, clear and convincing evidence and preponderance of the evidence.

Proof Beyond a Reasonable Doubt: This is the highest standard of proof and it is only applicable in criminal cases. This is probably the standard you have heard repeated most frequently in the news, on TV and in movies. What this means is that the prosecution must prove that the person on trial is guilty of committing the crime beyond a reasonable doubt. In other words, proof that leaves you firmly convinced of the defendant’s guilt. Now, there are very few things in this life that you can be absolutely certain of, and the prosecution does not have to give proof that overcomes every possible doubt. Basically, if the evidence leaves the jury firmly convinced of the defendant’s guilt, then they must find them guilty. However, if the jury believes that there is a vey real possibility that the accused person is not guilty then the jury must find them not guilty.

Clear and Convincing Evidence: This is the second highest standard of proof. This standard does not require the evidence to be as convincing as proof beyond a reasonable doubt but it must be more convincing than preponderance of evidence, which is applied to most civil lawsuits. In this circumstance the party must prove that there is no serious or substantial doubt as to the truth of the facts that are being proven. This standard applies only in limited cases, such as in medical malpractice cases against emergency room doctors.

Preponderance of the evidence: This is the lowest standard of evidence. This is where the jury must decide a verdict based on the weight of the evidence. Essentially, the parties must prove whether their respective facts are more likely true than not true. Another way of saying this is proof by the greater weight of the evidence, however slight. This isn’t decided based off of how many exhibits there are, or how many witnesses testify; it is based on how strong the evidence is on either side.

So now you know a few more basic legal terms. Stay tuned in the future for more basic legal definitions...

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