Sure they can people can still be convicted murder with next to nothing. Since this is a civil litigation you don't need beyond reasonable doubt.In a civil case, it need only be proven by a preponderance of evidence, which means that it is more likely than not that the defendant's actions caused the plaintiff's damages. . There are some types of civil cases that are considered to be more serious. These cases must be proven by clear and convincing evidence, which means that the evidence presented against the defendant must have a high probability of being true.