Preponderance refers to the evidentiary standard necessary for a victory in a civil case. Proving a proposition by the preponderance of the evidence requires demonstrating that the proposition is more likely true than not true.
The clear and convincing evidence standard is more rigorous than the preponderance of the evidence standard, and the beyond a reasonable doubt standard is more rigorous than the clear and convincing evidence standard.
In Bichai v. DaVita, Inc., the Fifth District Court of Appeals of California stated that the preponderance of the evidence standard simply requires the trier of fact to believe that the existence of a fact is more probable than its nonexistence. In addition, the First District Court of Appeals of California in Union Pacific Railroad Co. v. State Board of Equalization described the preponderance of the evidence standard as the weight of the evidence, meaning more than 50 percent proof. Therefore, under this standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true.
[Last updated in December of 2023 by the Wex Definitions Team]
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