Preponderance of the evidence is the common civil proof standard requiring that a claim be more likely true than not.
Preponderance of the evidence is the common civil proof standard requiring that a claim be shown to be more likely true than not true.
This standard matters because it is the baseline proof level in many civil cases. If the party with the burden of proof makes its version of events slightly more convincing than the other side’s, the standard can be satisfied.
Readers also need the term because it is often contrasted with the stricter criminal standard. The difference helps explain why criminal and civil cases treat risk of error differently.
The phrase appears in jury instructions, civil opinions, tort and contract cases, insurance disputes, and general explanations of civil procedure and evidence.
In a negligence lawsuit, the plaintiff does not need to prove the defendant’s conduct beyond a reasonable doubt. The plaintiff usually needs to prove the elements of negligence by a preponderance of the evidence.
Preponderance of the evidence is lower than clear and convincing evidence and much lower than beyond a reasonable doubt. It is commonly used in civil litigation, not as the standard for criminal conviction.