What is Preponderance of Evidence?
The term 'preponderance of evidence' may sound like a mouthful, but it's actually a pretty straightforward legal concept. In a civil case, it's the standard of proof that the plaintiff needs to meet in order to win their case.
The bar is set lower than in criminal cases, where the prosecution must prove their case 'beyond a reasonable doubt.'
To meet the preponderance of evidence standard, the plaintiff simply needs to present evidence that's more convincing than what the defendant has to offer. It's like a legal tug-of-war, where one side's evidence has to outweigh the other's.
The plaintiff doesn't need to prove their case with absolute certainty, just a little bit more than the other side.
This standard is used in cases where someone has been wronged in a non-criminal way, like a personal injury, breach of contract, or wrongful death. If the plaintiff can prove that the defendant is more likely than not responsible for the harm suffered, the court may order the defendant to pay damages to make things right.
It's a way to hold people accountable for their actions and help victims get some measure of justice.
