What is the "preponderance of evidence"?

Prepare for the AAERT Certified Deposition Reporter Exam. Use flashcards and multiple choice questions with explanations and hints. Be confident and ready for your test day!

The "preponderance of evidence" is the standard used in civil cases to determine the outcome of a dispute. This standard requires that a party's evidence be more convincing and probable than the evidence presented by the opposing party. Essentially, it means that there is a greater than 50% chance that what one side claims is true. This standard is lower than that used in criminal cases, where the burden of proof is "beyond a reasonable doubt." In civil matters, demonstrating a preponderance of evidence allows the plaintiff to succeed in their claim, making it a critical concept for understanding how legal decisions are reached in civil litigation.

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