Also known as: more probable than not · preponderance of the evidence · preponderance standard
Written by attorneys · grounded in primary & secondary sources — see below
A standard of proof under which a fact is established when the evidence shows it is more likely true than false.
Mason McCarthy petitioned the probate court to bar his sister from inheriting under their mother's will after she was acquitted of criminal charges but civil evidence showed she had altered the mother's medication. The court applied the preponderance standard to the medical records and witness statements and found it more probable than not that the sister was a slayer, denying her any interest in the estate.
Prosecutors sought to introduce evidence that Melissa Mills had previously diverted nonprofit funds through inflated invoices to prove motive in her current embezzlement trial. The trial court admitted the evidence after finding sufficient proof for a reasonable jury to conclude the prior acts occurred and that the probative value on intent was not substantially outweighed by prejudice.
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Ming Ma's will left his art collection to the person who had cared for him during his final illness. Two relatives presented conflicting extrinsic evidence about which of them had provided the care. The court resolved the ambiguity by determining the donor's intention on the basis of the more probable account shown by the testimony and records.
Monica Morgan faced a juvenile petition alleging she had stolen cash from a locker. The court required the state to prove every element beyond a reasonable doubt rather than by a mere preponderance before adjudicating her delinquent.
Marcus Mitchell sued Matrix Technologies for defamation and the company moved for summary judgment. The court denied the motion after finding that a reasonable jury could conclude by a preponderance that the statements were false and made with actual malice.
Michelle Murphy was charged with murder and claimed she had acted under extreme emotional disturbance. The state required her to prove that mitigating circumstance by a preponderance of the evidence before the jury could reduce the offense to manslaughter.
The court decides slayer status under the preponderance of the evidence standard. A final criminal conviction for the felonious and intentional killing conclusively establishes the person as the slayer in the civil proceeding.
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No preliminary finding by the court that the government proved the act by a preponderance is required. The evidence is admissible if there is sufficient proof for a reasonable jury to find the prior act occurred and the probative value on a non-propensity issue is not substantially outweighed by unfair prejudice.
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The text is construed in accordance with the donor's intention to the extent that intention is established by a preponderance of the evidence. Extrinsic evidence may be considered together with the document text.
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Yes. Due process permits a state to require the defendant to prove by a preponderance that he acted under extreme emotional disturbance to reduce second-degree murder to a lesser offense.
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…that "[a]ny determination at the conclusion of [an adjudicatory] hearing that a [juvenile] did an act or acts must be based on a preponderance of the evidence."[^maj-2] During a subsequent dispositional hearing, appellant was ordered placed in a training school for an initial period of 18 months, subject to annual extensions of his commitment…