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Series 63: Remedies & Administrative Provisions
Series 63 practice questionmediumDistinction between civil and criminal standards

Which of the following best illustrates the primary difference in the standard of proof between civil and criminal cases under the USA?

  1. ACriminal cases require proof beyond a reasonable doubt; civil cases require a preponderance of the evidence.✓ Correct answer
  2. BCriminal cases require a preponderance of the evidence; civil cases require proof beyond a reasonable doubt.
  3. CBoth require clear and convincing evidence.
  4. DBoth require proof beyond a reasonable doubt.
Explanation

Why ACriminal cases require proof beyond a reasonable doubt; civil cases require a preponderance of the evidence.

Criminal liability requires proof beyond a reasonable doubt (Section 409). Civil liability requires a preponderance of the evidence, a lower standard.

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