Also known as: preponderance of the evidence · balance of probabilities
Written by attorneys · grounded in primary & secondary sources — see below
A civil standard of proof that requires the party with the burden to establish that a contested fact is more likely true than not true.
Hannah petitions the probate court to bar Catherine from inheriting under Dorothy's will after investigators find evidence of pre-flight tampering and Catherine's comments about taking control of the company. The court weighs the modifications to the plane controls, Catherine's motive statements, and the weather conditions. Because the court finds it more probable than not that Catherine feloniously and intentionally caused the death, Catherine is denied the shares.
The prosecution offers Steve's earlier consulting payments at the youth sports nonprofit to prove motive and absence of mistake in the current embezzlement charges. The court reviews the invoices and board minutes and determines that a jury could reasonably conclude the prior acts occurred. The evidence is admitted because the probative value on non-propensity issues is not substantially outweighed by unfair prejudice.
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Thomas's will leaves profits interests to siblings' descendants who become attorneys in the litigation group and tried the biggest case. After firm changes move lawyers into hybrid roles and the case settles without trial, Jaime and Cathy present extrinsic evidence of Thomas's statements about rewarding their firm contributions. The court finds by a preponderance that Thomas intended the gift for Jaime and Cathy and distributes the interest accordingly.
Marcus Mitchell alleges his trial counsel failed to investigate an alibi witness before his robbery trial. The court reviews the record of counsel's limited investigation and the potential impact of the missing testimony. Because Marcus shows it is more probable than not that competent counsel would have located the witness and that the omission affected the outcome, the conviction is vacated.
A death-row inmate presents statewide data showing that prosecutors seek the death penalty far more often when the victim is white. The court examines the regression analysis and control variables offered by both sides. Because the inmate fails to prove it is more probable than not that race impermissibly influenced the decision in his own case, the sentence stands.
A mother brings a civil action against the alleged father to establish paternity and obtain support for the child. At the hearing the court hears testimony from the mother, the alleged father, and a DNA expert. Because the evidence establishes it is more probable than not that the man is the biological father, the court enters a paternity judgment.
The party bearing the burden must persuade the trier of fact that each essential element is more likely true than not true. This standard applies in ordinary civil actions and in certain ancillary proceedings such as slayer determinations and ambiguity resolution in donative documents.
Supporting sources
More probable than not is a lower threshold than proof beyond a reasonable doubt. In criminal cases the prosecution must eliminate reasonable doubt on every element, whereas in civil matters the plaintiff prevails once the balance of probabilities tips in its favor.
Supporting sources
A final criminal conviction for felonious and intentional killing conclusively establishes slayer status in the civil proceeding. Absent such a conviction, the civil court independently determines slayer status under the preponderance standard.
The Due Process Clause requires clear and convincing evidence to terminate parental rights. A mere preponderance standard does not suffice in that context because of the fundamental liberty interest at stake.
…and convincing evidence required under the New York Times test, the burden of proof for reasonable care will doubtless be the preponderance of the evidence. "In the normal civil suit where [the preponderance of the evidence] standard is employed, we view it as no more serious in general for there to be an erroneous verdict in the…