Different Burdens of Proof In California
In In re Marriage of Peters (1997) 52 Cal. App. 4th 1487, 1490, the Court of Appeal explained why there are differing burdens of proof:
"The degree of burden of proof applied in a particular situation is an expression of the degree of confidence society wishes to require of the resolution of a of question fact. the burden of proof thus serves to allocate the risk of error between the parties, and varies in proportion to the gravity of the consequences of an erroneous resolution. Preponderance of the evidence results in the roughly equal sharing of the risk of error. to impose any higher burden of proof demonstrates a preference for one side's interests. Generally, facts are subject to a higher burden of proof only where particularly important individual interests or rights are at stake . . . ."