Evidence
Preponderance of the Evidence
The usual civil burden of proof, meaning a fact is more likely true than not true.
Plain-English definition
Preponderance of the evidence is often described as greater than 50 percent likelihood. It does not require certainty. If the evidence makes a fact slightly more likely true than false, the burden is met under this standard.
How it works
This standard applies to many civil claims and some subsidiary issues in criminal cases. Jury instructions often explain it as tipping the scale, however slightly.
Why it matters
Most civil money disputes are decided under this standard, so small differences in credibility and documents can carry the day.
Related terms
More in Evidence
Attorney-Client Privilege
A protection for confidential communications between attorney and client made for the purpose of seeking or giving legal advice.
Authentication
The requirement to show that evidence is what the offering party claims it is.
Burden of Proof
The obligation to prove a claim, defense, or issue to the required legal standard.
Business Records Exception
A hearsay exception for records kept in the regular course of business under reliable recordkeeping conditions.
Clear and Convincing Evidence
A heightened proof standard requiring evidence stronger than preponderance but below beyond a reasonable doubt.
Daubert Motion
A pre-trial challenge to the admissibility of expert testimony, asking the court to act as gatekeeper over scientific or technical evidence.
Expert Witness
A witness allowed to give opinion testimony because specialized knowledge will help the factfinder understand evidence or decide facts.
Hearsay
An out-of-court statement offered to prove the truth of what the statement asserts.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.