Certified Information Systems Security Professional CISSP · Free Practice Question Easy
Question 87
In which legal standard does the preponderance of the evidence play a significant role?
- A Civil cases
- B Military cases
- C Criminal cases
- D Contractual cases
Reveal correct answer
Correct answer: A
Explanation
The correct answer: The preponderance of the evidence is a legal standard that is used in civil cases, where the burden of proof is on the plaintiff to prove that the defendant is more likely than not to be liable for the damages claimed. This means that the plaintiff must present evidence that is more convincing than the defendant's evidence, but not necessarily beyond a reasonable doubt. The incorrect answers: In criminal cases, the burden of proof is on the prosecution to prove the defendant's guilt beyond a reasonable doubt, which is a much higher standard than the preponderance of the evidence. Military cases are not governed by the same legal standards as civilian cases, and the preponderance of the evidence is not a relevant concept. In contractual disputes, the parties may agree to use the preponderance of the evidence as the standard of proof, but it is not a default standard in these cases.Discussion
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