Civil cases do not require the certainty of criminal prosecutions. Preponderance of the evidence is the standard of proof under which a party must show that a fact is more likely true than not—often described as tipping the scales slightly past even.
Juries are instructed to decide in favor of the party whose evidence is more convincing on the essential points, even if only by a narrow margin. The standard applies to most civil claims and affirmative defenses, though some issues demand clear and convincing evidence instead.
Meeting a preponderance is easier than proving guilt beyond a reasonable doubt, reflecting the different stakes of civil liability. Lawyers structure presentations to make their version of events the more probable account overall.
- Civil standard that facts are more likely than not
- Lower than the criminal reasonable-doubt standard
- Applied to most civil claims
- Described as a slight tipping of the scales
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