Preponderance of the evidence

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).