Editing Burden of proof (law) (section)

==== Preponderance of the evidence ====
Preponderance of the evidence (American English), also known as balance of probabilities (British English), is the standard required in civil cases, including [[family court]] determinations solely involving money, such as [[child support]] under the [[Child Support Standards Act]], and in [[child custody]] determinations between parties having equal legal rights respecting a child. It is also the standard of proof by which the defendant must prove [[affirmative defenses]] or [[mitigating circumstances]] in civil or criminal court in the United States. In civil courts, [[aggravating circumstances]] also only have to be proven by a preponderance of the evidence, as opposed to beyond reasonable doubt (as in criminal court).

The standard is met if the proposition is more likely to be true than not true. Another high-level way of interpreting that is that the plaintiff's case (evidence) be 51% likely. A more precise statement is that "the weight [of the evidence, including in calculating such a percentage] is determined not by the amount of evidence, but by its quality."<ref name=":5">{{Cite web |date=2002-09-02 |title=How much evidence is required? Managing Today's Federal Employees |url=https://signin.lexisnexis.com/lnaccess/app/signin?back=https%3A%2F%2Fadvance.lexis.com%3A443%2Fnexis-uni%2Flaapi%2Fdocument%3Fcollection%3Dnews%26id%3Durn%253AcontentItem%253A46P4-C990-00BP-J0YC-00000-00%26context%3D1516831&aci=nu |url-access=subscription |access-date=2023-09-30 |website=Nexis Uni® |series=Vol. 4, No. 3 |publisher=LRP Publications}}</ref> The author goes on to affirm that preponderance is "merely enough to tip the scales" towards one party; however, that tilt need only be so slight as the weight of a "feather." Until 1970, it was also the standard used in juvenile court in the [[United States]].<ref>In re Winship, 397 U.S. 358, 90 S.Ct. 1068 (1970)</ref> Compared to the criminal standard of "proof beyond a reasonable doubt," the preponderance of the evidence standard is "a somewhat easier standard to meet."<ref name=":5" />

Preponderance of the evidence is also the standard of proof used in [[United States administrative law]]. In at least one case, there is a statutory definition of the standard.

While there is no federal definition, such as by definition of the courts or by statute applicable to all cases, The [[Merit Systems Protection Board]]'s has codified their definition at 5 CFR 1201.56(c)(2). MSPB defines the standard as "The degree of relevant evidence that a reasonable person, considering the record as a whole, would accept as sufficient to find that a contested fact is more likely to be true than untrue." One author highlights the phrase "more likely to be true than untrue" as the critical component of the definition.<ref name=":5" />

From 2013 to 2020, the [[United States Department of Education|Department of Education]] required schools to use a preponderance of evidence standard in evaluating sexual assault claims.<ref>{{cite web |last1=Lhamon |first1=Catherine E. |title=Questions and Answers on Title IX and Sexual Violence |url=https://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf |website=Department of Education |access-date=4 January 2022 |archive-date=18 December 2021 |archive-url=https://web.archive.org/web/20211218184606/https://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf |url-status=live }}</ref>