If the prosecutor in a criminal trial failed to convince the trier of fact (the judge or jury) that no reasonable doubt existed as to the defendant's guilt, a plaintiff may nevertheless be able to show that it was more likely than not (the
definition of a preponderance of the evidence) that the defendant committed the child abuse alleged in a civil trial.
Actually [the district court] did commit one clear error on the fiduciary count, and that was to apply the normal civil
standard of preponderance of the evidence, rather than the higher standard of proof — proof by clear and convincing evidence — that Illinois requires to establish the existence of a fiduciary duty outside of the per se categories such as lawyer - client and guardian - ward.
It was argued that the immigration judge failed to take
account of the preponderance of evidence indicating the best interests of the appellant lay in her quickly joining her adoptive parents in the UK and that this fatally flawed her proportionality assessment.