 On this theory, the evidence is sufficient to satisfy the preponderance of proof standard when the best-available hypothesis that explains the evidence and the underlying events include all of the elements of the claim. Thus, in a negligence case, the best-available hypothesis would have to include a breach of duty of care by the plaintiff and causation of harm to the defendant as these are the elements that must be proved to succeed in the legal claim. For the intermediate “clear-and-convincing” standard of proof, the best-available explanation must be substantially better than the alternatives. To establish the standard of proof beyond reasonable doubt, there must be a plausible explanation of the evidence that includes all of the elements of the crime and, in addition, there must be no plausible explanation that is consistent with innocence (Pardo and Allen 2008: 238–240; Pardo 2013: 603–604).