A fact-finding hearing under FCA 8 is held to determine whether the allegations of a petition are supported by __________.

A fact-finding hearing under FCA 8 is held to determine whether the allegations of a petition are supported by __________.

• A. Probable cause
• B. a fair preponderance of the evidence
• C. Clear and convincing evidence
• D. Beyond a reasonable doubt

Answer: (B)

In a Family Court Act fact-finding hearing, the standard of proof is a preponderance of the evidence. This means the judge decides whether the petition’s allegations are more likely true than not, tipping the scales just over 50%. It’s a civil standard suitable for resolving whether facts asserted in the petition are supported, not a criminal judgment. It’s lower than a clear and convincing standard (used in some serious civil determinations like terminating parental rights) and far lower than beyond a reasonable doubt (the criminal standard). Probable cause is about whether there is a reasonable basis to proceed with action, not about proving the petition’s facts at a hearing. So, the test here is that the allegations are supported by a fair preponderance of the evidence.

In a Family Court Act fact-finding hearing, the standard of proof is a preponderance of the evidence. This means the judge decides whether the petition’s allegations are more likely true than not, tipping the scales just over 50%. It’s a civil standard suitable for resolving whether facts asserted in the petition are supported, not a criminal judgment. It’s lower than a clear and convincing standard (used in some serious civil determinations like terminating parental rights) and far lower than beyond a reasonable doubt (the criminal standard). Probable cause is about whether there is a reasonable basis to proceed with action, not about proving the petition’s facts at a hearing. So, the test here is that the allegations are supported by a fair preponderance of the evidence.