Preponderance of the Evidence in a Civil Trial

[David Lockmiller]

(03-21-2020 04:07 PM)Dennis Urban Wrote:  Without consulting Funk and Wagnall's or other such sources, I though "preponderance" meant overwhelming or the greatest majority. A single grain of wheat is certainly not overwhelming. An interesting explanation which no doubt worked to Lincoln's favor.

Dictionary.com provides the following definition and example:

Definition: the fact or quality of being preponderant; superiority in weight, power, numbers, etc.

Example: The preponderance of votes is against the proposal.

ORIGIN OF PREPONDERANT
1650–60; < Latin praeponderant- (stem of praeponderāns), present participle of praeponderāre to outweigh (even by a single grain of wheat).


Merriam-Webster (since 1828) -- Legal Definition of preponderance of the evidence: the standard of proof in most civil cases in which the party bearing the burden of proof must present evidence which is more credible and convincing than that presented by the other party or which shows that the fact to be proven is more probable than not.

plaintiffs must show by a preponderance of the evidence that defendant's negligence proximately caused the injuries

— compare CLEAR AND CONVINCING, REASONABLE DOUBT