Preponderance of the Evidence

Definition

The most common civil burden of proof, requiring that a claim be more likely true than not—essentially, greater than a 50% probability. In Alabama's Atkins proceedings, this means the defendant must show it is more probable than not that his true IQ is 70 or below.

Examples

• •Alabama argues Smith failed to meet his preponderance burden because no method of analyzing his five scores shows it is more likely than not his IQ is under 70.

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