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Simple English definitions for legal terms
middle burden of proof
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A quick definition of middle burden of proof:
Term: MIDDLE BURDEN OF PROOF
Definition: The middle burden of proof is a party's responsibility to prove a fact by clear and convincing evidence, which is a standard that is higher than the preponderance-of-the-evidence standard but lower than the beyond-a-reasonable-doubt standard. In simpler terms, it means that a party needs to provide strong evidence to prove their case, but not as strong as the evidence needed to prove guilt in a criminal case.
A more thorough explanation:
The middle burden of proof is a party's duty to prove a fact by clear and convincing evidence. This standard lies between the preponderance-of-the-evidence standard and the beyond-a-reasonable-doubt standard. It is a type of burden of proof, which is a party's duty to prove a disputed assertion or charge.
For example, in a civil case, the plaintiff has the burden of proving their case by a preponderance of the evidence, which means that it is more likely than not that their version of events is true. However, in some cases, such as cases involving fraud or defamation, the plaintiff may have to prove their case by clear and convincing evidence, which is a higher standard than preponderance of the evidence but lower than beyond a reasonable doubt.
Another example is in a criminal case, where the prosecution has the burden of proving the defendant's guilt beyond a reasonable doubt. However, in some states, if the defendant raises an affirmative defense, such as self-defense, they may have the middle burden of proving that defense by clear and convincing evidence.