Preponderance of the Evidence
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Plain-English Meaning
The standard of proof used in most civil cases. It means that the evidence tips — even slightly — in favor of the party making the claim. Often described as 'more likely than not' or 'greater than 50%.' It is a much lower bar than the beyond a reasonable doubt standard used in criminal cases.
Legal Context
In New York civil litigation, preponderance of the evidence is the default standard for most claims. It means the fact-finder (judge or jury) must conclude that the claim is more probably true than not. In some civil cases — like fraud, certain contract disputes, and proceedings to terminate parental rights — a higher standard called 'clear and convincing evidence' applies. The preponderance standard is also used in certain non-criminal proceedings before government agencies.
Real-Life Example
In a personal injury lawsuit, the plaintiff claimed the defendant's negligence caused a car accident. The plaintiff did not need to eliminate all doubt. They simply needed to show that it was more likely than not — even 51% likely — that the defendant was at fault. The jury found the evidence slightly favored the plaintiff and awarded damages.
Related Terms
Source
General civil procedure standard. Original B-Legal plain-language explanation.
Definitions are simplified for education. Legal meanings vary by jurisdiction, context, and case facts. This definition is original B-Legal content and is not affiliated with or derived from any proprietary legal dictionary.