Legal Definitions - degree of proof

The term degree of proof refers to the specific level of certainty or conviction that a party must establish in the mind of the judge or jury regarding a particular fact or claim in a legal proceeding. It dictates how convincing the evidence must be to satisfy the legal burden placed on that party. Different types of cases and legal issues require different degrees of proof, reflecting the varying seriousness and potential consequences involved.

Here are some examples illustrating the concept of degree of proof:

• Example 1: Civil Lawsuit for Breach of Contract

  Imagine a small business owner sues a supplier, claiming the supplier failed to deliver goods as promised in their contract, causing the business to lose sales. In this civil case, the business owner must prove their claim by a preponderance of the evidence. This means they need to show that it is more likely than not (i.e., greater than 50% probable) that the supplier breached the contract and caused damages. The evidence doesn't need to be absolutely certain, just tipping the scales in their favor.

  This example illustrates the degree of proof because the business owner isn't required to eliminate all doubt; they just need to present enough evidence (emails, invoices, witness testimony) to convince the court that their version of events is more probable than the supplier's.

• Example 2: Criminal Prosecution for Robbery

  Consider a prosecutor attempting to convict an individual accused of armed robbery. In a criminal case, the prosecution must prove the defendant's guilt beyond a reasonable doubt. This is a much higher degree of proof than in a civil case, meaning the evidence must be so convincing that there is no logical explanation for the facts except that the defendant committed the crime. Any significant, reasonable doubt about guilt must lead to an acquittal.

  This example illustrates the degree of proof because the high standard reflects the severe consequences of a criminal conviction (loss of liberty, criminal record). The jury must be nearly certain of guilt, not just think it's "more likely than not," before they can convict.