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Meaning & use

preponderance of evidence

phrase·Advancedlegallaw

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UK/prɪˌpɒn.dər.əns əv ˈev.ɪ.dəns/
US/prɪˌpɑːn.dɚ.əns əv ˈev.ə.dəns/

Meanings

  1. phrasefixed phraselegallaw

    the legal standard in a civil case where one side's evidence is more convincing than the other side's, even if only slightly.

    Grammar: Used as a singular noun phrase: the preponderance of evidence favors someone.

    Patterns

    • the preponderance of evidence favors someone
    • by a preponderance of the evidence
    • meet the preponderance of evidence standard

    The jury found by a preponderance of the evidence that the company had broken the contract.

    In a civil trial, the plaintiff must prove her case by a preponderance of the evidence.

    The judge explained that a preponderance of evidence means more likely true than not true.

  2. phrasefixed phrase

    a situation in which most of the available facts or proof point to the same conclusion.

    Grammar: Also used outside law in a looser, general way: a preponderance of evidence suggests something.

    Patterns

    • a preponderance of evidence suggests something
    • a preponderance of evidence shows something

    A preponderance of evidence suggests that the warming trend is real.

    There is a preponderance of evidence that the new drug works.

Common combinations

by a preponderance of the evidence
The claim was proved by a preponderance of the evidence.
meet the preponderance standard
The prosecution did not meet the preponderance standard in this civil suit.
a preponderance of evidence suggests
A preponderance of evidence suggests the policy is working.
the preponderance of the evidence
The preponderance of the evidence favored the defendant.

Synonyms and how they differ

balance of probabilities
The British legal term for the same idea; use it in UK courts rather than in American ones.
more likely than not
A plain-English way of describing the same low standard, common in jury instructions.

Opposites

beyond a reasonable doubt

Word family

preponderate verb
To be greater in number, weight, or importance.
preponderant adjective
Having greater weight or influence than others.
preponderantly adverb
Mainly or mostly, in terms of weight or influence.

Commonly confused: preponderance of evidence or preponderance of the evidence?

preponderance of evidence vs preponderance of the evidence

Some writers add "the"; both forms appear, but "by a preponderance of the evidence" is the standard legal wording.

Practice

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