Preponderance of Evidence: Definition, Example and Related Terms

Preponderance of evidence refers to the standard of proof used in most civil cases whereby the party bearing the burden of proof must present evidence that is more credible and convincing than that presented by the opposing party or that shows the fact to be proven is more likely to be true than not.

This standard is often compared to a scale tipping slightly in favor of one party. Imagine a balance scale; if the evidence on one side slightly outweighs the evidence on the other side, it meets the preponderance of evidence standard.

For example, consider a scenario where a plaintiff sues for a breach of contract. The plaintiff does not need to prove the breach beyond a reasonable doubt (the standard in criminal cases) but only needs to show that it is more likely than not that a breach occurred.

Understanding the term preponderance of evidence is crucial for anyone involved in civil litigation, as this standard dictates how much evidence is necessary to meet the burden of proof. It also underscores the importance of presenting clear, convincing, and credible evidence to support one's claim or defense.

Failure to meet the preponderance of evidence standard can result in the case being dismissed or a decision in favor of the opposing party. Therefore, collecting substantial evidence to support your position is paramount in civil cases.