Preponderance of the Evidence
Definition
The civil standard of proof, meaning more likely than not, sometimes glossed as 51 percent probability. Jurors often confuse it with reasonable doubt, applying criminal-standard thinking in civil cases or vice versa.
- Standard type
- Civil standard of proof
- Meaning
- More likely than not
- Common gloss
- Roughly 51 percent probability
- Common error
- Confused with reasonable doubt
Common questions
Why do jurors confuse preponderance of the evidence with reasonable doubt?+
Jurors who have served on or heard about criminal trials often default to the higher criminal threshold even in a civil case, or conversely apply too low a bar in a criminal case, because the two standards are rarely explained side by side in ordinary language during jury instructions.
What linguistic remedies help jurors apply the correct standard?+
Research on jury comprehension recommends plain-language reformulations, concrete comparison anchors such as a tipped scale, and explicit contrast with the criminal standard, rather than relying on the traditional legal phrasing alone, which studies show many jurors misinterpret or cannot restate accurately.
Related terms
- Beyond a Reasonable Doubt
- The criminal standard of proof in common-law systems. The prosecution must persuade the jury to this degree before a verdict of guilty...
- Deliberate Indifference
- Also called 'willful blindness' or 'conscious avoidance' in some jurisdictions: the doctrine that a defendant cannot escape knowledge of a fact by...
- Juror Comprehension Research
- The empirical literature, primarily in psychology and linguistics, that measures how well mock or actual jurors understand legal instructions. Methods include post-instruction...
- Pattern Jury Instructions
- Standardised model instructions approved by a state or federal judicial council for use across all cases of a given type. They are...
- Specific Intent
- A mental state element requiring that the defendant not only performed the act but did so with the purpose of achieving a...