Civil & Criminal LiabilityQuestion 86 of 100
The burden of proof for a criminal §25602 prosecution against a server is:
a.Beyond a reasonable doubt
b.Probable cause
c.Preponderance of the evidence (more likely than not)
d.Clear and convincing evidence
Explanation
Criminal cases — including misdemeanor prosecutions under §25602 or §25658 — require the prosecution to prove every element 'beyond a reasonable doubt' (the highest U.S. evidentiary standard). Civil §25602.1 claims (only for minors in California) use the lower 'preponderance of the evidence' standard. ABC administrative actions also typically use preponderance. Knowing the standard helps servers understand why robust documentation and SCAN observations matter.
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Related questions on this topic
- In Ennabe v. Manosa (2014), the California Supreme Court extended §25602.1 civil liability to whom?
- Under California's doctrine of respondeat superior, when a server makes an unlawful sale under §25602, the licensee/employer can be held:
- ABC may suspend or revoke an alcohol license under §24200 for multiple grounds. Which of the following is a common ground?
- If a server is criminally charged with a §25658 sale-to-minor violation but presents proof that they checked a bona fide §25660 ID in good faith, what is the legal effect?
- California Civil Code §1431.2 (Proposition 51) governs how non-economic damages are allocated in a multi-defendant case. Under this rule, a defendant licensee held civilly liable in a §25602.1 minor case is responsible for:
- Which of the following plaintiffs can bring a §25602.1 civil dram-shop suit in California?
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