Conn. Civ. Jury Instr. 3.2-1

In order to meet (his/her) burden of proof, a party must satisfy you that (his/her) claims on an

issue are more probable than not. You may have heard in criminal cases that proof must be

beyond a reasonable doubt, but I must emphasize to you that this is not a criminal case, and you

are not deciding criminal guilt or innocence. In civil cases such as this one, a different standard

of proof applies. The party who asserts a claim has the burden of proving it by a fair

preponderance of the evidence, that is, the better or weightier evidence must establish that, more

probably than not, the assertion is true. In weighing the evidence, keep in mind that it is the

quality and not the quantity of evidence that is important; one piece of believable evidence may

weigh so heavily in your mind as to overcome a multitude of less credible evidence. The weight

to be accorded each piece of evidence is for you to decide.

As an example of what I mean, imagine in your mind the scales of justice. Put all the credible

evidence on the scales regardless of which party offered it, separating the evidence favoring each

side. If the scales remain even, or if they tip against the party making the claim, then that party

has failed to establish that assertion. Only if the scales incline, even slightly, in favor of the

assertion may you find the assertion has been proved by a fair preponderance of the evidence.