What type of legal standard is used in civil cases in Texas?

Study for the Texas Legal Update I Test. Learn with flashcards and multiple-choice questions, each complete with hints and explanations. Get ready for your exam!

In civil cases in Texas, the legal standard used is the "preponderance of the evidence." This standard requires that a party must demonstrate that their claims are more likely true than not true. In practical terms, this means that the evidence presented must show that there is a greater than 50% chance that the claim is valid.

This standard is lower than the "beyond a reasonable doubt" standard used in criminal cases, which requires a much higher level of certainty due to the serious implications of a criminal conviction. The "clear and convincing evidence" standard sits between these two and is typically applicable in specific civil cases, such as those involving certain types of fraud or termination of parental rights, but is not the general standard for all civil actions. The "substantial evidence" standard is used in administrative law cases and not directly relevant to civil cases. Therefore, the preponderance of the evidence is the correct and applicable standard for the majority of civil litigation in Texas.

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