Texas Surveyors Practice Exam

What standard must a plaintiff meet to prove negligence on the part of a land surveyor?

1. Beyond a reasonable doubt

2. Clear and convincing evidence

3. A preponderance of the evidence

4. Substantial evidence

The correct answer is: A preponderance of the evidence

To establish negligence on the part of a land surveyor, a plaintiff must meet the standard of a preponderance of the evidence. This legal standard is the most commonly applied standard in civil cases, including those involving negligence. It requires that the evidence presented by the plaintiff shows that it is more likely than not that the surveyor's actions were negligent and that this negligence caused harm or damages. The concept of "preponderance of the evidence" means that if you were to weigh all the evidence presented in the case, the weight must favor the plaintiff's claims. It does not necessitate proving the case to a certainty, but rather that the claim is more likely true than not. This is a lower threshold than "beyond a reasonable doubt," which is used in criminal cases and requires a far more rigorous level of proof. Lesser standards such as "clear and convincing evidence" or "substantial evidence" are not applicable here. Clear and convincing evidence involves a higher degree of certainty compared to a preponderance of the evidence, and substantial evidence pertains more to administrative hearings or decisions rather than civil liability in tort law. Understanding the nuances of these standards is essential for plaintiffs seeking to prove negligence in civil cases, ensuring they are prepared to