Issues-Claim for Damages Based Upon Abuse of Process-Burden of Proof is a legal principle that sets out the standard of proof for a party to bring a claim for damages against another based on the allegation of abuse of process. This principle applies only when a plaintiff alleges that a defendant has abused the legal process to obtain a wrongful advantage. The burden of proof is on the plaintiff to prove that the defendant abused the process and that the plaintiff suffered damages as a result. There are two types of Issues-Claim for Damages Based Upon Abuse of Process-Burden of Proof: the preponderance of evidence standard and the clear and convincing evidence standard. The preponderance of evidence standard requires the plaintiff to prove that, on balance, it is more likely than not that the defendant abused the legal process and that the plaintiff suffered damages as a result. The clear and convincing evidence standard requires the plaintiff to prove that the alleged abuse of process was highly probable and that the plaintiff suffered actual damages as a result.