Intro to Paralegal Studies Practice

What is the main requirement for ‘preponderance of the evidence’?

1. The evidence must be complete and conclusive

2. The evidence must prove that the issue is more likely than not

3. The evidence must be entirely in favor of the plaintiff

4. The evidence must eliminate all doubts

The correct answer is: The evidence must prove that the issue is more likely than not

The main requirement for ‘preponderance of the evidence’ is that the evidence must prove that the issue is more likely than not. This standard is commonly used in civil cases and signifies that one party's evidence outweighs the other’s evidence in terms of its persuasive power. Essentially, if the evidence supporting one side's claim has a greater chance of being true than the evidence supporting the opposing side, then the burden of proof is satisfied. This concept is critical because it differs from the higher standard known as 'beyond a reasonable doubt,' which is used in criminal cases. In civil cases, establishing liability or entitlement to relief only requires showing that the likelihood of the claim being true is more than 50%. Thus, the party with the burden of proof must present sufficient evidence that makes their claim more plausible than not, which is effectively what the preponderance of the evidence standard demands.