Legal Dictionary

Preponderance

Preponderance refers to the standard of proof used in civil cases in the American legal system. It is the burden of the plaintiff to prove that their version of the facts is more likely true than not true. In other words, the evidence presented must show that it is more probable than not that the plaintiff's claims are valid.

Frequently Asked Questions

What is the difference between preponderance and beyond a reasonable doubt?

In a legal context, preponderance is a lower standard of proof compared to beyond a reasonable doubt. While preponderance requires the evidence to show that it is more likely than not that the plaintiff's claims are true, beyond a reasonable doubt requires a much higher level of certainty. Beyond a reasonable doubt means that the evidence presented must leave no reasonable doubt in the minds of the jurors or judge that the defendant is guilty.

How is preponderance applied in civil cases?

In civil cases, preponderance is the standard of proof used to determine liability or responsibility. If the evidence presented by the plaintiff is more likely true than not true, the defendant may be held liable for the alleged harm or wrongdoing. However, if the evidence does not meet this standard, the defendant will not be held responsible.
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