Also known as:preponderance of evidence · preponderance of the evidence · preponderance standard · preponderance · more likely than not
Written by attorneys · grounded in primary & secondary sources — see below
A standard of proof requiring the party bearing the burden to persuade the factfinder that the existence of a fact is more likely than not.
Sources & Authorities
How it applies
Common Examples
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Expert Qualification Ruling
Precision Tools offers an engineer to testify on manufacturing defects. The court reviews the engineer's training and the data supplied. Finding it more likely than not that the specialized knowledge will assist the jury and rests on sufficient facts, the court admits the testimony.
Slayer Determination
After Philip Powell's death, his estate petitions to bar Priscilla Parks from inheriting. In the civil proceeding the court weighs the evidence of intentional killing and concludes it is more likely than not that Parks is the slayer, denying her any interest.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Study Supplements
The prosecution offers evidence of Patricia Patel's earlier similar transaction to show intent. The court finds sufficient evidence for the jury to decide whether the act occurred and admits the evidence after balancing probative value against prejudice.
Will Ambiguity Resolution
Premier Manufacturing's will leaves property to an ambiguously described beneficiary. The court reviews extrinsic evidence and determines the donor's intention is established as more likely than not matching one claimant, directing distribution accordingly.
Insanity Defense Burden
Phuong Pham raises an insanity defense. The government must prove sanity beyond a reasonable doubt, but the court instructs that any factual disputes on the defense elements are resolved under the preponderance standard once the defendant meets the initial production burden.
Davis v. United States160 U.S. 469, 16 S.Ct. 353, 40 L.Ed. 499 (1895)
Statistical Evidence Evaluation
Pilar Pena challenges her sentence with statistical data on racial disparities. The court weighs whether the evidence shows the required causal link by a preponderance and finds the showing insufficient to alter the outcome.
McCleskey v. Kemp481 U.S. 279 (1987)
Common questions
Frequently Asked
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How does the preponderance standard differ from beyond a reasonable doubt?+
The preponderance standard requires only that a fact be more likely than not, while beyond a reasonable doubt demands near certainty. Civil proceedings and certain affirmative defenses use the lower threshold.
Supporting sources
When must a defendant prove an affirmative defense by preponderance?+
Model Penal Code provisions require the defendant to prove entrapment, certain theft grading facts, and corporate due-diligence defenses by a preponderance of the evidence.
Supporting sources
Does the preponderance standard apply to expert admissibility under Rule 702?+
The proponent must show it is more likely than not that the expert is qualified and the testimony meets the reliability criteria before the court admits the opinion.
Supporting sources
What burden applies to resolve ambiguities in donative documents?+
The donor's intention controls when established by a preponderance of the evidence. Otherwise constructional rules may apply.
Supporting sources
Is a criminal conviction required to bar a slayer from inheritance?+
A conviction conclusively establishes slayer status, but in its absence a civil court may determine the issue under the preponderance standard.
Supporting sources
397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970)Criminal Procedure
…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…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational