What does the term 'Balance of Probability' refer to in legal context?

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The term 'Balance of Probability' is a legal standard used primarily in civil cases. It refers to the requirement that a party must prove their case to be more likely true than not true. In this context, if the evidence presented suggests that something is more probable than its alternative, then the claim can be upheld. This standard is less stringent than "beyond a reasonable doubt," which is used in criminal cases where the stakes are higher and the necessity for certainty about a defendant's guilt is crucial.

In civil law, where claims often involve disputes between individuals or organizations, the 'Balance of Probability' serves as a guideline to resolve these issues based on the available evidence and likelihood, rather than requiring absolute certainty. This allows for a resolution even when evidence is not irrefutably definitive, thus facilitating the legal process in scenarios where definitive proof is difficult to achieve.

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