MCOLES State Licensing Practice Exam

What percentage characterizes Preponderance of the Evidence in civil trials?

1. 41%

2. 51%

3. 61%

4. 71%

The correct answer is: 51%

In civil trials, the standard known as "Preponderance of the Evidence" is defined as the requirement that a party must prove that their claims are more likely true than not true. This translates to a threshold of greater than 50% certainty; specifically, it requires that the evidence presented by one party outweighs that of the other party. Thus, achieving a Preponderance of the Evidence means the party’s evidence must support the likelihood that their assertions are true, resulting in a standard of 51% or more. This standard is crucial because it reflects a balance of probabilities rather than the stringent requirements found in criminal trials, which necessitate proof "beyond a reasonable doubt." The focus here is on the balance of evidence; since the party bearing the burden only needs to present a case that is more convincing than the opposing side, a percentage slightly above half effectively maintains that balance.