What does the term "preponderance of evidence" mean?

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The term "preponderance of evidence" refers to the standard of proof that is often applied in civil cases. This standard indicates that the evidence presented by one party must be more convincing than the evidence presented by the opposing party. Essentially, it means that one side must demonstrate that its claims are more likely true than not—specifically, that there is a greater than 50% chance that the claims are valid.

In contrast, the standard of "beyond a reasonable doubt," which is a higher burden of proof, is typically used in criminal cases to ensure that there is a significant level of certainty regarding a defendant's guilt. This distinction underscores the different objectives and stakes involved in civil versus criminal proceedings. Thus, in civil contexts, where the outcomes may involve monetary damages or specific performance rather than incarceration or criminal penalties, the preponderance of evidence serves as an appropriate and sufficient standard for resolving disputes.

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