Preponderance

Pre-pon-der-ance
The greater weight of evidence; more likely than not. In civil cases, the plaintiff must prove their case by a preponderance of the evidence.
The jury found that the preponderance of the evidence supported the plaintiff's claim of breach of contract.
There aren't many legal cases directly on preponderance of the evidence, as it's a fundamental standard of proof in civil cases.
← Back to BrowseNext Term →

Frequently Asked Questions

What is the burden of proof in a civil case?

The plaintiff has the burden of proving their case by a preponderance of the evidence.

How does preponderance of the evidence differ from other standards of proof?

Preponderance is the most common standard in civil cases. In criminal cases, the prosecutor must prove guilt beyond a reasonable doubt, a higher standard.

What happens if a party fails to meet their burden of proof?

The case will likely be decided against them.

See all that Filevine can do with a customized demonstration from our team

Schedule a Demo