Certified Fraud Examiner Practice 2026 - Free Practice Questions and Study Guide

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What does 'preponderance of the evidence' signify in legal terms?

A requirement for criminal cases

A standard where one side has more than half the evidence

'Preponderance of the evidence' signifies a standard of proof that is commonly used in civil cases, indicating that one party's evidence is more convincing than the other's. This means that there is a greater than 50% chance that the claim is true, leading to a conclusion based on the weight of the evidence rather than absolute certainty. This standard is essential in evaluating cases, as it allows for a determination of liability even though it does not require the same level of proof as 'beyond a reasonable doubt,' which is the standard used in criminal proceedings.

Other options may incorrectly frame the use of this standard. For example, it is not exclusively required for criminal cases, nor is it limited to administrative hearings. Additionally, 'preponderance of the evidence' does not imply absolute certainty; rather, it deals with relative weight, favoring the side that has more convincing evidence. This understanding is crucial for distinguishing between different levels of proof and the types of cases in which they apply.

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A standard used only in administrative hearings

A legal term for absolute certainty in evidence

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