In civil cases, what does preponderance of the evidence mean?

• A. The evidence must prove beyond a reasonable doubt
• B. The evidence must show it is more likely than not that the claim is true
• C. The judge decides based on sympathy
• D. The evidence is irrelevant

Answer: (B)

Preponderance of the evidence means the party with the burden must show that the facts are more likely true than not—that is, the claim is true with greater than 50% probability. This is the standard civil courts use to decide liability or winning a claim. It’s lower than the criminal standard of proof beyond a reasonable doubt, which requires near certainty. Concepts like sympathy or emotion don’t determine the outcome, and the evidence isn’t irrelevant—the decision rests on which side’s version of the facts is more probable based on the evidence presented.