Preponderance of the evidence is a proof standard requiring that a fact be more likely true than not.
It is commonly described as the greater weight of the evidence.
Why preponderance of the evidence matters
The proof standard tells the factfinder how convinced they must be before deciding an issue in favor of a party.
Preponderance is often used in civil cases and is lower than clear and convincing evidence or beyond a reasonable doubt.
Where preponderance of the evidence appears
Preponderance appears in civil trials, administrative hearings, contract disputes, tort claims, family-law issues, and many burden-of-proof instructions.
It may apply to claims, defenses, or specific factual questions.
How it differs from nearby terms
Preponderance asks whether something is more likely true than not. Clear and convincing evidence requires a higher level of certainty.
Burden of persuasion identifies which party must convince the factfinder under the applicable standard.
Practical example
In a civil negligence case, the plaintiff may need to prove by a preponderance of the evidence that the defendant’s conduct caused the injury.
Related Terms
- Clear and Convincing Evidence
- Burden of Persuasion
- Burden of Production
- Admissible Evidence
- Testimony
- Judgment
Quick check
Question: Does preponderance generally mean more likely true than not?
Answer: Yes. It is the common civil proof standard.