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Any judges or Attorneys out there? I have a Small claims question?
I am the Plaintive in Small Claims. The decision is meant by a Preponderance of the Evidence. So thats 51% in my favor. I won my case. The defendant filed a appeal. Is it still the same 51% or does it now (the appeal) require a higher degree of proof? Like beyond a reasonable doubt, like in criminal cases? Thank you.
2 Answers
- FlatpawLv 78 years agoFavorite Answer
Reasonable doubt is only for criminal cases. Civil cases require a preponderance of the evidence. Whether it is overturned on appeal depends on different factors. Don't assign a 51% or any value to your case. You proved that you deserved to recover in your case because your evidence was stronger than the defendant's. More details would be needed to give you more insight into what is being appealed or why.
Sometimes defendants just file an appeal because they're mad they lost but they don't have any merit.
- LibraryannaLv 78 years ago
First, you are the plaintiff, not the plaintive.
An appeal of any legal case is based on error of law. So they don't look at the facts again, they will only look at whether or not the judge made a mistake in admitting or not admitting evidence or other legal mistake.
Preponderance of the evidence is well above 51%.
Source(s): Retired lawyer.
