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What differentiates the burden of proof between civil and criminal matters?

  1. The need for evidence

  2. The type of judge presiding over the case

  3. The level of proof required

  4. The potential penalties

The correct answer is: The level of proof required

In civil matters, the burden of proof is typically lower, as the plaintiff only needs to prove their case "by a preponderance of the evidence," meaning it is more likely than not that their claims are true. In criminal matters, the burden of proof is much higher, as the prosecution must prove their case "beyond a reasonable doubt." This means that there can be no reasonable doubt in the minds of the jurors that the defendant is guilty. Option A, B, and D are all incorrect as they do not accurately reflect the difference in the burden of proof between civil and criminal matters. Therefore, option C, the level of proof required, is the correct answer.