Which term refers to the burden of proof in a civil proceeding?

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The term that refers to the burden of proof in a civil proceeding is "preponderance of evidence." This standard requires that the evidence presented by one party must be more convincing than the evidence presented by the opposing party. Essentially, it is about which side has the greater weight of evidence; if one side's evidence is more likely true than not, that side prevails.

In civil cases, the preponderance of evidence means that more than 50% of the evidence supports one side's claim. This is a lower standard than what is required in criminal cases, where the burden of proof is "beyond a reasonable doubt," necessitating a much higher level of certainty. Clear and convincing evidence is also a higher standard than preponderance, used in certain civil cases, such as those involving fraud or some family law matters. Probable cause is generally associated with criminal law and law enforcement, indicating a reasonable belief that a crime has occurred, but it does not apply to how evidence is evaluated in a civil proceeding.