PREPONDERANCE OF EVIDENCE is a standard of proof used in many civil and criminal proceedings. It is the greater weight of evidence presented by one side in a dispute, as compared to the evidence presented by the other side. It is also known as a “balance of probabilities” or “greater weight of evidence.” In a criminal proceeding, preponderance of evidence is the standard used to determine guilt; the jury must decide that it is more likely than not that the defendant is guilty. In a civil proceeding, the standard of proof is usually higher than preponderance of evidence; the burden of proof is usually clear and convincing evidence. There are two types of preponderance of evidence: direct and circumstantial. Direct evidence is evidence that directly supports a claim, such as eye-witness testimony or a video recording. Circumstantial evidence is indirect evidence that requires inferences to connect it to a claim, such as an alibi or an expert opinion.
PREPONDERANCE OF EVIDENCE
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FAQ
Preponderance of the evidence is one type of evidentiary standard used in a burden of proof analysis. Under the preponderance standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true.
The preponderance of evidence standard applies primarily to civil law cases. For example, if Linda sues Tom due to injuries she sustained in a car crash, Linda must convince the courts that it is more probable than not that Tom caused the crash resulting in her injuries.
Pre·?pon·?der·?ance of the evidence. pri-?pan-d?-r?ns- : the standard of proof in most civil cases in which the party bearing the burden of proof must present evidence which is more credible and convincing than that presented by the other party or which shows that the fact to be proven is more probable than not.
The preponderance of evidence standard applies primarily to civil law cases. For example, if Linda sues Tom due to injuries she sustained in a car crash, Linda must convince the courts that it is more probable than not that Tom caused the crash resulting in her injuries.
To meet this standard of proof on a preponderance of the evidence, the plaintiff must show that their allegations have more than a 50% chance of being true. You can understand this as the ?more likely than not? principle.
To prove an element by a preponderance of the evidence simply means to prove that something is more likely than not. In other words, in light of the evidence and the law, do you believe that each element of his/her claim/counterclaim is more likely true than not?
The three burdens of proof for criminal cases are "beyond a reasonable doubt," "probable cause," and "reasonable suspicion."
Preponderance refers to the evidentiary standard necessary for a victory in a civil case. Proving a propositionby the preponderance of the evidence requires demonstrating that the propositionis more likely true than not true.