Preponderance Of Evidence

Preponderance of the evidence is a legal standard used primarily in civil cases to determine which party's claim is more likely true. It requires the party with the burden of proof (usually the plaintiff) to convince the fact finder (judge or jury) that there is a greater than 50% chance that their claim is true—essentially, that it is more likely than not that the facts are as they assert.

Key points about preponderance of the evidence:

• It means the greater weight or more convincing quality of evidence, not necessarily the greater quantity of evidence. For example, one credible witness with clear testimony can outweigh multiple witnesses with uncertain or vague testimony.
• It is a lower standard than the "beyond a reasonable doubt" standard used in criminal cases, which requires near certainty to convict.
• The standard focuses on the probable truth or accuracy of the evidence presented, tipping the scales slightly in favor of one side.
• If the evidence is equally balanced or does not tip the scale over 50%, the party bearing the burden of proof has not met the standard.

In summary, preponderance of the evidence means proving that a claim is more likely true than not, based on the quality and persuasiveness of the evidence presented in a civil lawsuit.