The term “burden of proof” basically means “how much evidence is needed?” The answer if different for different types of cases. In injury cases, the burden of proof is “more likely than not” or “probably.”
TV shows have ingrained the idea that the burden of proof is “beyond a reasonable doubt.” That’s not the law in injury cases. In all New York injury cases the jury must decide if the injured person has proved their case to a “more likely than not” standard. In the law we call that a “preponderance.”
Some potential jurors don’t like that. But it’s the law. Civil cases aren’t the only areas where we choose by a preponderance.
When we the people choose a president, we do it by a preponderance. If one candidate gets 270 electoral college votes and the other gets 269, the winner is the one with the preponderance. It’s been the American way for over 200 years.
I once had a Supreme Court judge pull out a tennis ball, lay it on his bench and say, “If my bench was this case, Mr. Boyd only needs to bring enough evidence to tip it slightly and make the ball move. If he moves the ball even a little bit, he wins. Anyone have a problem with that?”