What does the principle of 'balance of probabilities' signify in civil legal cases?

Prepare for the HSC Legal Studies Exam. Study with flashcards and multiple choice questions, each question includes explanations and hints. Elevate your readiness for the exam!

The principle of 'balance of probabilities' signifies that in civil legal cases, the party bringing the case must prove that their claims are more likely to be true than not true. This standard is less stringent than the 'beyond reasonable doubt' standard used in criminal cases. In civil matters, the evidence presented must persuade the court that there is a greater than 50% chance that the claims are accurate. This means that if the evidence tilts the scale even slightly in favor of one party’s assertion, that party is considered to have met the burden of proof.

The other answer choices do not accurately reflect the principle. The requirement for absolute truth is characteristic of certain contexts but does not apply here; civil cases do not require such a high standard. Additionally, there is no need for unanimous agreement amongst jurors in civil cases, as is often required in criminal cases. Lastly, the burden of proof in civil cases is indeed lower than that in criminal cases, making the assertion that there is a higher burden of proof incorrect.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy