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Glossary

Preponderance of the evidence

The standard of proof in most civil cases. The plaintiff has to show that their version of events is more likely true than not: meaning anything more than 50%.

This is the lowest of the three main burdens of proof. If the jury thinks the plaintiff's story is even slightly more likely than the defendant's, the plaintiff wins.

Practically, "more likely than not" is hard for juries to fully internalize, and lawyers often use the metaphor of a scale tipping ever so slightly to the plaintiff's side. Or "if you went home thinking the plaintiff was probably right, that's enough."