Preponderance of Evidence in the United States

Standard of proof used in civil cases. The preponderance of evidence standard requires that one party to the legal action offer proof that is more persuasive or convincing than the other. The standard demands evidence that convinces the fact-finder—whether judge or jury—that one party’s case is more probable or has superior weight than the case of the other party. A party possesses a preponderance of evidence when he or she provides sufficient proof to overcome doubt or mere speculation.

See Also

Reasonable Doubt (Civil Process) Standards of Proof (Civil Process), 188.

Analysis and Relevance

Preponderance of evidence is not a quantitative standard. Evidence is not measured by numbers of witnesses appearing for one side, for example. Rather, it is a qualitative standard that reflects the believability and persuasive weight of evidence. Use of the preponderance of evidence standard is one of the major differences between civil and criminal cases. In the latter, the more stringent “beyond a reasonable doubt” standard of proof is used. This standard requires proof so conclusive that it eliminates all reasonable uncertainty.

Notes and References

1. Definition of Preponderance of Evidence from the American Law Dictionary, 1991, California

Concept of Preponderance of Evidence in relation to Safe Place

Definition of Preponderance of Evidence in this context: The standard of proof that must be used in a school’s Title IX proceedings for resolving complaints of student-on-student sexual harassment and violence. Proof is required indicating it is more likely than not that sexual harassment or violence occurred.

Meaning of Preponderance of Evidence

In plain or simple terms, Preponderance of Evidence means: Evidence which is even a little bit more convincing. This is the standard by which a plaintiff must prove his case in a civil suit.