In court, one side has the “burden of proof,” which means their side is required to prove their case to the jury in order to win. If they can’t prove their case, they lose.
In a criminal case, the prosecutor has the burden of proof—if the prosecutor can’t prove the case, the defendant can’t be found guilty. In criminal cases, the burden of proof is high because somebody could go to jail. It’s called “proof beyond a reasonable doubt.”
In a civil case, the plaintiff’s burden of proof is lower because nobody can be sent to jail. The burden of proof is “preponderance of the evidence.” The civil lawyer might be able to reach the lower burden of proof, even if the criminal prosecutor couldn’t reach the higher burden.
American football analogy: a criminal case requires you to score a touchdown for a conviction, but a civil case just requires you to get past your 50 yard line for a win.
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