The preponderance standard is satisfied when the evidence establishes that a proposition is more probably true than not, sometimes described as anything above an even balance.
It is substantially lower than the criminal standard of beyond a reasonable doubt and lower than the clear and convincing standard applied to certain civil issues.
Alternative Names:
More Likely Than Not, Greater Weight of the Evidence
Why it Matters?
The low threshold explains outcomes that surprise clients: a jury can find liability while acknowledging genuine doubt, because the standard asks only which side is more probably right. It also shapes defense strategy, since raising doubt is not enough when the plaintiff's account remains marginally more plausible. The objective is to make the defense version at least as likely.
Frequently Confused with
Related terms
Frequently asked questions
How much certainty does preponderance require?
When does a higher civil standard apply?
