Define: Preponderance Of Evidence

Preponderance of evidence is a legal standard of proof used in civil cases, which requires the party with the burden of proof to demonstrate that their version of the facts is more likely true than not true. In other words, preponderance of evidence means that the evidence presented by one side is more convincing or persuasive than the evidence presented by the opposing side. This standard is often described as the “greater weight of the evidence” or the “50% plus a feather” rule, meaning that the evidence must tip the scales slightly in favour of one party’s position. Preponderance of evidence is a lower standard of proof compared to the “beyond a reasonable doubt” standard used in criminal cases, making it easier for plaintiffs to prevail in civil lawsuits by showing that it is more likely than not that their claims are true.

A preponderance of evidence is the level of evidence needed for a plaintiff to win their civil action or other tort lawsuits, including a personal injury claim. A preponderance of evidence is the same as proving the defendant “is more likely than not” responsible for the plaintiff’s injuries. There is no particular formula for determining whether the plaintiff has met this burden of proof. In a civil case, the jury or judge will hear all of the evidence from both the plaintiff and the defendant and if they believe there is a preponderance of evidence they will find for the plaintiff.

Some civil cases will, however, have a higher level of proof which is “clear and convincing evidence.” This standard generally appears in child custody cases where the rights of another person may be affected. Preponderance of the evidence is also contrasted with “beyond a reasonable doubt,” which is the higher standard of evidence required to convict a defendant in a criminal trial.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.