Also known as: more likely than not · more-likely-than-not standard · preponderance of the evidence · preponderance standard
Written by attorneys · grounded in primary & secondary sources — see below
A standard of proof that requires the party with the burden to show a fact is more probable than not. The standard governs civil proceedings and certain preliminary determinations in criminal cases unless a higher threshold such as clear and convincing evidence or proof beyond a reasonable doubt is required by statute or constitutional command.
Maria Morales offered Luis as an expert in a class action against Northern Fiber. Luis had designed only small-business Wi-Fi systems. The court evaluated whether his specialized knowledge would more likely than not help the jury understand nationwide cellular performance and whether his opinions rested on sufficient data and reliable methods. Because the proponent could not carry that showing, the testimony was excluded.
After Maurice Marshall was acquitted of murder in a criminal trial, the decedent's estate sought to bar him from inheriting under the will. In the separate civil proceeding the court applied the more likely than not standard to decide whether Marshall was the slayer. A final criminal conviction would have been conclusive, but its absence left the civil fact-finder free to weigh the evidence under the lower threshold.
Select any source to read its text and confirm it supports the definition.
The prosecution offered evidence that Steve had arranged questionable consulting payments two years earlier. The trial court admitted the evidence after finding sufficient proof from which the jury could reasonably conclude the prior acts occurred. The court did not require the government to prove the acts by a preponderance before letting the jury consider them for motive and plan.
Madison Meyers petitioned to probate a will whose description of a parcel contained an obvious error. The court received extrinsic evidence of the testator's intention and resolved the ambiguity by determining that intention under the more likely than not standard. Because the evidence established the intended parcel by that measure, the court construed the devise accordingly.
The standard requires the party bearing the burden to persuade the fact-finder that the existence of a fact is more probable than its nonexistence. This threshold applies in most civil cases and in certain preliminary evidentiary rulings unless a statute or constitutional provision imposes a higher burden.
Supporting sources
Yes. Under Rule 702 the proponent must demonstrate to the court that it is more likely than not that the expert's specialized knowledge will help the trier of fact, that the testimony rests on sufficient facts or data, and that the expert applied reliable principles and methods reliably to the facts.
Supporting sources
The more likely than not standard is lower than proof beyond a reasonable doubt. It governs civil proceedings and certain preliminary criminal determinations such as suppression hearings, while the reasonable-doubt standard protects the defendant at trial on the elements of the offense.
Supporting sources
A court resolves an ambiguity by construing the document in accordance with the donor's intention once that intention is established by a preponderance of the evidence. If the evidence does not meet that threshold, constructional rules or preferences may be applied instead.
Supporting sources