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Preponderance of the evidence

The 'more likely than not' standard of proof used in civil cases.

Preponderance of the evidence is the burden of proof in most civil cases, including personal injury and workers' compensation. It means more likely true than not true. Anything over 50% probability.

This is much lower than the criminal standard (beyond a reasonable doubt) and means civil cases can be won on tighter evidence than criminal prosecutions need. A case that wouldn't support a conviction can still win a civil verdict on the same facts.

Parole and probation revocation hearings use this same standard, which is one reason those hearings often go badly for defendants who walk in alone.

Got a case where this term comes up? The first call is free. We'll tell you whether you have a case and what it's worth.

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