Also known as:preponderance tests · preponderance of the evidence · preponderance standard
Written by attorneys · grounded in primary & secondary sources — see below
A standard of proof in civil matters under which a party prevails by showing that a fact is more likely true than not.
Sources & Authorities
How it applies
Common Examples
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Slayer Status in Probate
Portia Price 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 conducted a civil hearing and weighed the evidence of the brother's pre-flight modifications to the plane and his comments about taking over the family business. Because the facts showed it was more likely than not that the brother feloniously and intentionally killed the decedent, the court applied the preponderance test and denied him any share of the estate.
Admitting Prior Acts Evidence
The prosecution sought to introduce evidence that Pearl Porter had previously diverted nonprofit funds through self-dealing invoices. At the pretrial hearing the court examined the invoices and board minutes but did not require the government to prove the prior acts by a preponderance. The judge instead checked whether the jury could reasonably find the acts occurred and whether their probative value on intent outweighed unfair prejudice under the applicable standard.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Model Codes
Restatements
Study Supplements
Resolving Will Ambiguity
Patrick Phan's will left his training facility shares to the captain of his toughest team, but two former players, Phoebe Park and Pierre Poulin, each claimed the bequest. The probate court reviewed extrinsic evidence of the testator's statements and the timing of the facilities' acquisitions. After determining that the donor's intention was established by a preponderance of the evidence, the court awarded the shares to Phoebe Park.
Distinguishing Criminal Standard
In a juvenile delinquency proceeding Paige Porter was charged with theft. The court noted that the prosecution must prove every element beyond a reasonable doubt rather than by a preponderance of the evidence. Because the evidence left reasonable doubt on the element of intent, the court entered a finding in favor of the juvenile.
In re Winship397 U.S. 358, 364, 90 S.Ct. 1068, 1073, 25 L.Ed.2d 368 (1970)
Sufficiency of Evidence Review
After a jury convicted Paragon Construction of fraud, the company challenged the verdict on appeal. The reviewing court examined whether any rational trier of fact could have found the essential elements beyond a reasonable doubt rather than applying a mere preponderance test. Finding the evidence sufficient under that stricter standard, the court affirmed the conviction.
Jackson v. Virginia443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560, 573 (1979)
Civil Commitment Standard
The state sought to commit Premier Manufacturing's former executive to a mental hospital indefinitely. The trial court instructed the jury to apply the preponderance test. On appeal the court held that due process requires clear and convincing evidence for such a commitment, so the order was reversed.
Addington v. Texas441 U.S. 418 (1979)
Common questions
Frequently Asked
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When does the preponderance test apply instead of the reasonable-doubt standard?+
The preponderance test governs civil proceedings such as slayer determinations and will construction. Criminal cases require proof beyond a reasonable doubt for each element of the offense.
Supporting sources
Does a criminal conviction automatically establish slayer status under the preponderance test?+
A final criminal conviction for the felonious and intentional killing conclusively establishes slayer status in the subsequent civil proceeding. Absent such a conviction the court must independently weigh the evidence under the preponderance standard.
Supporting sources
How does the preponderance test affect admission of uncharged misconduct evidence?+
The trial court need not find the prior act proved by a preponderance before admitting it. The evidence is admissible if the jury could reasonably find the act occurred and its probative value on a non-propensity issue is not substantially outweighed by unfair prejudice.
Supporting sources
What burden applies when resolving an ambiguity in a donative document?+
The donor's intention must be established by a preponderance of the evidence. Once that threshold is met the text is construed in accordance with the proved intention.
Supporting sources
397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970)Criminal Procedure
…that "[a]ny determination at the conclusion of [an adjudicatory] hearing that a [juvenile] did an act or acts must be based on a preponderance of the evidence."[^maj-2] During a subsequent dispositional hearing, appellant was ordered placed in a training school for an initial period of 18 months, subject to annual extensions of his commitment…