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Simple English definitions for legal terms
preponderance of the evidence
Read a random definition: kissing the Book
A quick definition of preponderance of the evidence:
Preponderance of the evidence: When people disagree about something in court, they have to prove their side is right. Preponderance of the evidence is a way to decide who is right. It means that the person who can show that their side is more likely to be true than the other side wins. It's like tipping a scale slightly in their favor. This is used in civil trials, which are cases where people sue each other for money or other things.
A more thorough explanation:
Preponderance of the evidence is a legal term used to describe the level of proof required in a civil trial. It means that the party with the burden of proof must convince the fact finder that there is a greater than 50% chance that their claim is true.
For example, if someone is suing another person for damages in a car accident, they must prove that the other person was more likely than not responsible for the accident. If the evidence presented in court shows that there is a 51% chance that the other person caused the accident, then the burden of proof has been met.
Another way to think of preponderance of the evidence is to imagine a scale. If the evidence presented by one side tips the scale even slightly in their favor, then they have met the burden of proof.
Overall, preponderance of the evidence is a lower standard of proof than what is required in criminal trials, where the burden of proof is beyond a reasonable doubt.