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TIL that the judge in the Carroll rape case clarified that Trump did rape Jean Carroll
(www.washingtonpost.com)
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this post was submitted on 24 Oct 2023
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Do you guys use ‘Preponderance of Evidence’ as the standard of proof for civil cases in the US? In Australia we use ‘On the Balance of Probabilities’. I wonder if there’s a technical difference there.
(Tiny pedantic note but the Burden of Proof is about who has to produce the evidence, not the level of evidence required to make a finding - that’s the Standard of Proof)
Yes we go by preponderance of evidence.
Essentially it's 'whoever you Believe more' in civil cases, which is significantly lower than 'beyond a reasonable doubt ' we use for criminal trials.
There is also the notion that is not all or nothing depending on the proof for and against a defendant. You can ask for X amount, but only get X-Y because the proof against the defendant weren't enough to grant all the X amount.
In criminal court, you are either guilty or not and then, if you are guilty, you can have factors that reduces or lengthen the sentence.