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Simple English definitions for legal terms
Preponderance
Read a random definition: Do I have ANY recourse under the CAN-SPAM Act?
A quick definition of Preponderance:
Preponderance means that in a civil case, the evidence presented must show that something is more likely true than not true. It's like saying that if you have more evidence on one side than the other, that side wins.
A more thorough explanation:
Preponderance
Preponderance is the amount of evidence needed to win a civil case. To prove something by preponderance, you have to show that it is more likely true than not true.
Example 1: In a car accident case, the plaintiff must prove by preponderance that the defendant was at fault for the accident. This means that the plaintiff must show that it is more likely than not that the defendant caused the accident.
Example 2: In a breach of contract case, the plaintiff must prove by preponderance that the defendant failed to fulfill their obligations under the contract. This means that the plaintiff must show that it is more likely than not that the defendant did not fulfill their obligations.
Preponderance is the standard of proof used in civil cases. It requires the party making a claim to provide enough evidence to show that it is more likely than not that their claim is true. The examples illustrate how preponderance works in different types of civil cases.