preponderance of the evidence

Definition

The standard of proof in most civil cases, requiring only that something is more likely true than not—essentially 50.01% certainty. It's the legal system admitting that perfect knowledge is impossible, so probable knowledge will suffice.

Example Usage

The jury found for the plaintiff by a preponderance of the evidence, believing her version of events was slightly more credible.

Origin

Common law civil procedure standard

Fun Fact

This lower standard means you can be found liable in civil court for the same conduct that got you acquitted in criminal court, as O.J. Simpson famously discovered.

Source: Civil procedure standards and jury instructions

Related Terms

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Tribunal

A special court that sounds way more dramatic than it usually is, like it should involve gladiators but instead involves bureaucrats with reading glasses. The legal system's way of making a committee sound important.

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amicus

Short for "amicus curiae" (friend of the court), this is a busybody who isn't even part of the lawsuit but still submits their two cents via a legal brief. Think of them as the legal equivalent of someone butting into a conversation they weren't invited to—except courts actually welcome these know-it-alls when they provide helpful expertise or perspectives the parties might have missed.

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champerty and maintenance

Unethical practices where someone finances another's lawsuit in exchange for a share of the proceeds (champerty) or meddles in litigation without legitimate interest (maintenance). Once common law crimes, now mostly historical curiosities.

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admissible evidence

Information that meets legal standards to be presented in court, having survived the gauntlet of relevance, reliability, and procedural rules. If evidence were nightclub guests, this is what makes it past the velvet rope.

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purview

The official scope or range of authority that something falls under, often used by people who want to sound important when saying 'that's not my department.' In legal contexts, it refers to the actual operative part of a statute that does the commanding. Basically, it's a fancy way to define whose problem something is or what a law actually does versus what it just talks about.

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capias

A fancy Latin term for an arrest warrant that literally means "that you take"—because apparently regular arrest warrants weren't intimidating enough without the dead language. It's a court order commanding law enforcement to haul someone's behind into custody, typically when they've failed to show up for court or need to be detained. These days it's mostly used in civil cases or when someone skips bail.

⚖️ Legal

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