Preponderance of the Evidence

Term: Preponderance of the EvidenceDefinition: The standard of proof in civil cases, requiring that the evidence presented by one party be more convincing than that presented by the opposing party.Phonetic Pronunciation: (pree-PON-der-ance of the EVID-ence)Origin: The term "preponderance" derives from the Latin word "praeponderare," meaning "to outweigh." In legal contexts, it refers to the weight of evidence tipping the scales in favor of one side over the other. This standard has been a cornerstone of civil litigation, emphasizing the balance of probabilities rather than absolute certainty.Significance in Asbestos Context: In asbestos litigation, the preponderance of the evidence standard is crucial as it determines whether a plaintiff can prove that their illness was more likely than not caused by asbestos exposure. This standard is pivotal in establishing liability and securing compensation for victims of asbestos-related diseases.Example Sentence: In the asbestos lawsuit, the jury found that the preponderance of the evidence supported the plaintiff's claim that their mesothelioma was caused by exposure to the defendant's asbestos-containing products.Related Terms: Burden of Proof, Clear and Convincing Evidence, Beyond a Reasonable Doubt, Causation, LiabilityNotes: - Preponderance of the evidence is a lower standard than "clear and convincing evidence" or "beyond a reasonable doubt," which are used in different types of cases. - It is often misunderstood as requiring a 51% likelihood, but it actually means the evidence must be more convincing overall. - This standard applies to both the plaintiff's and defendant's evidence in asbestos cases.