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Preponderance Definition

Preponderance of the Evidence is a burden of proof wherein the evidence demonstrates that a proposition or allegation is more likely true than untrue. The burden of proof is met under the preponderance standard when the party with the burden convinces the fact-finder that the claim has a greater than 50% chance of being true. The burden of proof in civil matters and evidentiary disputes (even in criminal cases) is a preponderance of the evidence. In criminal matters, a judge can score points under the Michigan Sentencing Guidelines if they find a pertinent fact true by a preponderance of the evidence. In contrast, the burden of proof at a criminal trial is Beyond a Reasonable Doubt.

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