What does the term 'preponderance of the evidence' refer to in civil cases?

The term 'preponderance of the evidence' refers to the standard of proof used in civil cases, indicating that one side's evidence must be more convincing than the other's. Specifically, it means that the evidence presented must show that it is more likely than not that the claims are true, or that more than half of the evidence supports the position of one party over the other. This standard is notably lower than the 'beyond a reasonable doubt' standard that applies to criminal cases, which requires a much higher level of certainty before a verdict can be rendered.

In civil trials, this standard allows for a decision based on the cumulative weight of evidence rather than requiring absolute certainty, which reflects the different stakes involved in civil versus criminal proceedings. The other choices relate to different evidentiary standards or requirements that do not apply to the context of how evidence is assessed in civil cases. For instance, unanimous agreement pertains to jury decisions in criminal cases rather than civil, and the clear and convincing evidence standard is typically used in specific civil cases that demand a higher burden than the preponderance standard, such as in certain fraud cases.