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In Australia, the civil standard is termed the 'balance of probabilities'. [39] In Australia, the 'balance of probabilities' involves considerations that the evidence required to establish a fact at the civil standard will vary with the seriousness of what is being alleged. [40] Although it has been noted a similar approach is taken in Canada.
While the case related to divorce law, it also served to confirm that the balance of probabilities is the applicable standard of proof in all civil proceedings, subject to statute. Prior to Briginshaw, due to the state of the law in England at the time, Australian law regarding the onus of proof in divorce cases "was a little confused". [4]
Critics argue that criminals are treated better in the courts than innocent owners who have property seized, since criminals are often told they have a right to an attorney, and that the beyond a reasonable doubt standard of proof is much higher in criminal trials than in civil trials. [31] Burden of proof is shifted to victims to prove ...
Addington v. Texas, 441 U.S. 418 (1979), was a landmark decision of the US Supreme Court that set the standard for involuntary commitment for treatment by raising the burden of proof required to commit persons for psychiatric treatment from the usual civil burden of proof of "preponderance of the evidence" to "clear and convincing evidence".
The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction.
The standards of proof are higher in a criminal case than in a civil one, since the state does not wish to risk punishing an innocent person. In English law the prosecution must prove the guilt of a criminal "beyond reasonable doubt"; but the plaintiff in a civil action is required to prove his case "on the balance of probabilities". [2]
Evidential burden has been described as the obligation "to show, if called upon to do so, that there is sufficient evidence to raise an issue as to the existence or non-existence of a fact in issue, due regard being had to the standard of proof demanded of the party under such obligation".
Margie Ratliff, who was featured in the Netflix true-crime docuseries" The Staircase," reexamines the genre with "Subject," her new documentary.