Which of the following statements is true regarding 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 statement regarding the preponderance of evidence that is true is that it is commonly used in civil cases. This standard refers to the level of proof required in civil litigation, where a party must demonstrate that their claims are more likely true than not true. This means that the evidence presented must lead the jury or judge to believe there is a greater than 50% chance that the assertion being made is correct.

Preponderance of evidence is distinct from the standard of reasonable doubt, which is used in criminal cases. The reasonable doubt standard is higher, requiring the prosecution to prove its case to the extent that no reasonable person would have doubts about the defendant’s guilt.

In the context of jury verdicts, preponderance of evidence does not necessitate a unanimous verdict, which is required in criminal trials; instead, in many civil cases, a simple majority can suffice depending on the jurisdiction. Thus, option B accurately reflects the application of the preponderance of evidence in legal settings.

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