Also known as: fair preponderance · preponderance of evidence · preponderance of the evidence · preponderance standard
Written by attorneys · grounded in primary & secondary sources — see below
A standard of proof requiring the party with the burden to establish that a fact is more likely true than not. The evidence favoring the proposition must outweigh the evidence against it.
Fatou Fall petitioned the probate court to bar her brother from inheriting under their mother's will after he was accused of causing the death. The court applied the fair preponderance of evidence standard to the brother's actions in the civil proceeding. Because the evidence showed it was more likely than not that he had feloniously and intentionally killed the decedent, the court found him to be a slayer and denied him any benefit.
Francisco Frost faced embezzlement charges. The prosecution sought to introduce evidence of similar prior diversions from another nonprofit. The trial court admitted the evidence after determining there was sufficient proof from which the jury could reasonably conclude the prior acts occurred. The court then weighed the probative value on intent against any unfair prejudice.
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Forrest Falconer left his farm equipment to the nephew who had helped operate the property. Two nephews claimed the bequest after the description became unclear following a subdivision. The probate court admitted extrinsic evidence and found by a fair preponderance of evidence that the testator intended one particular nephew. The court construed the will to award the equipment accordingly.
Faith Fitzgerald's family sought her involuntary commitment after she was acquitted of criminal charges by reason of insanity. The state presented evidence of her mental illness and dangerousness. The court applied the fair preponderance of evidence standard to the commitment criteria. Because the evidence showed it was more likely than not that commitment was warranted, the court ordered hospitalization.
Fisher Foods sued to reform a supply contract after discovering a pricing error. The company introduced testimony and documents showing the parties' actual agreement. The court found by a fair preponderance of evidence that the written terms did not reflect the true intent. Reformation was granted.
Freya Freeman sued a tobacco company after her mother's death from lung cancer. The defendant sought to introduce evidence of the mother's post-warning smoking to reduce damages. The court limited the evidence to pre-warning conduct under the fair preponderance of evidence standard governing the comparative fault defense. The jury then assessed liability accordingly.
The fair preponderance standard governs most civil disputes, including slayer determinations and will construction. Clear and convincing evidence is required only in limited proceedings such as parental rights termination.
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A defendant may be required to prove certain defenses such as entrapment or mistake of age by a fair preponderance of evidence without violating due process, provided the prosecution still bears the burden on every element of the offense.
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The donor's intention must be shown more likely than not by extrinsic evidence that does not contradict the plain text. Once established, the court construes the document to carry out that intention.
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…by lawful means. The “inevitable discovery” exception to the exclusionary rule applies where the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means. The doctrine is an extrapolation from the independent source doctrine and is consistent with the…