If you’re a business professional trying to make sense of the phrase “preponderance of the evidence,” you’re in the right place. This term is often thrown around in court cases, so it’s important to understand what it means.
In the legal world, the term “preponderance of the evidence” defines the level of proof needed to be successful in a civil case. Generally speaking, a party will have to prove its claim or defense by presenting more convincing evidence than the other side.
In more concrete terms, an individual or party trying to prove negligence, for example, must prove that such negligence occurred more likely than not. In other words, a preponderance of the evidence is proof that suggests something is more likely than not true.
Examples of Preponderance of the Evidence
The term “preponderance of the evidence” is most common in court cases dealing with negligence issues, injury claims, contract disputes, and family law matters. In order to be successful, a party must produce evidence suggesting that the alleged neglect or breach of contract occurred “more likely than not.”
Using the example of a personal injury claim, a plaintiff must prove that the defendant was more likely than not responsible for the injuries suffered. To do so, the plaintiff must simply provide more convincing evidence than the defendant.
Conclusion: What Does Preponderance of Evidence Mean?
To put it plainly, the preponderance of the evidence means that the burden of proof in a civil case is not an absolute, but simply a measure of the likelihood that something occurred. As business professionals, it’s important to understand these legal terms and concepts – and to remember that a preponderance of the evidence is defined as proof suggesting something is more likely than not true.