Preponderance of the Evidence is a legal standard of proof in civil cases, requiring that the evidence presented by one side is more probable or convincing than the evidence presented by the opposing side. Its purpose is to establish that a claim is more likely true than not, typically expressed as a probability greater than 50%. In the context of crypto, this standard might apply to disputes involving smart contract failures, fraud, or regulatory enforcement actions where clear proof is challenging.
Mechanism
This standard operates by evaluating the weight and credibility of all submitted evidence, including testimony, documents, and data, to determine which narrative holds greater persuasive force. Unlike the “beyond a reasonable doubt” standard in criminal law, it does not require absolute certainty. In a crypto dispute, for instance, showing that an address initiated a transaction, alongside other contextual data, might meet this threshold even without definitive proof of the human behind the address.
Methodology
The strategic methodology involves meticulously gathering and presenting all available factual data, technical analyses, and expert opinions to tip the scales of probability in favor of a specific claim. In crypto-related legal or arbitration proceedings, this means tracing blockchain transactions, analyzing on-chain forensics, reviewing smart contract code, and establishing patterns of behavior. This approach aims to build a compelling case based on logical inference and cumulative evidence, rather than requiring irrefutable proof, especially in the absence of traditional intermediaries or clear jurisdictional boundaries.
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