What standard of proof must a prosecutor meet in civil proceedings according to the Evidence Act 1995, Section 140?

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In civil proceedings, the standard of proof that a prosecutor must meet is the "balance of probabilities." This means that the evidence presented must show that it is more likely than not that the claims being made are true. Essentially, this standard requires the party bearing the burden of proof to establish that their version of events is more credible and convincing than the opposing side's.

This standard differs significantly from the criminal standard of "beyond reasonable doubt," which requires a much higher level of certainty due to the potential consequences of a criminal conviction. The terms "clear and convincing evidence" and "preponderance of evidence," while related to evidentiary thresholds, are not the standard outlined in the specified section of the Evidence Act. In civil cases in jurisdictions governed by the Evidence Act 1995, the "balance of probabilities" is the appropriate measure, reflecting the unique nature of civil law where the stakes, while potentially significant, do not involve criminal penalties.

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