preponderance of the evidence


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Related to preponderance of the evidence: Clear and convincing evidence, proof beyond a reasonable doubt

preponderance of the evidence

n. the greater weight of the evidence required in a civil (non-criminal) lawsuit for the trier of fact (jury or judge without a jury) to decide in favor of one side or the other. This preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence. Thus, one clearly knowledgeable witness may provide a preponderance of evidence over a dozen witnesses with hazy testimony, or a signed agreement with definite terms may outweigh opinions or speculation about what the parties intended. Preponderance of the evidence is required in a civil case and is contrasted with "beyond a reasonable doubt," which is the more severe test of evidence required to convict in a criminal trial. No matter what the definition stated in various legal opinions, the meaning is somewhat subjective. (See: evidence)

References in periodicals archive ?
The appeals officer on the matter told Gubser that the IRS could prove willfulness by a preponderance of the evidence, but not by clear and convincing evidence, and asked for guidance regarding the proper standard of proof.
However, there may be sufficient evidence of the use of excessive force to sustain a violation of departmental rules and regulations based upon the preponderance of the evidence.
Parties seeking bridge-the-gap or durational alimony could have overcome that presumption by demonstrating by a preponderance of the evidence that such an award was appropriate.
11) Microsoft argued that the preponderance of the evidence standard
27) The United States Court of Appeals for the Federal Circuit also affirmed, holding that Lombardi failed to prove by a preponderance of the evidence that her injuries resulted from the Hepatitis B vaccine.
Elliote Quinn IV, Note, A Real Class Act: The Class Action Fairness Act of 2005's Amount in Controversy Requirement, Removal, and the Preponderance of the Evidence Standard, 78 Def.
In particular, trademarks and copyrights require only a preponderance of the evidence to overcome the presumption of validity.
On appeal, the Intermediate Court of Appeals concluded that, in contrast to the burden of proof allocation at competency hearings held before or during trial, at a retrospective competency hearing federal due process principles require the prosecution to bear the burden of proving by a preponderance of the evidence that the defendant is competent to stand trial.
The Court therefore holds that, "in order to merit habeas relief in a proceeding seeking collateral review of an extradition order, the petitioner must prove by a preponderance of the evidence that he is 'in custody in violation of the Constitution or laws or treaties of the United States,' 28 U.
63) Of those eight states, seven require the court to find by a preponderance of the evidence that a party has committed acts of domestic violence in order to trigger the rebuttable presumption.
This Article explains why the Fred Meyer standard conflicts with precedent, reason, and policy and proposes an analytical model for either the Alaska Supreme Court or the Alaska Legislature to use in abandoning Fred Meyer and adopting a preponderance of the evidence standard.
This Article argues that while the majority of circuit courts have adopted the appropriate preponderance of the evidence standard, other circuits have adopted the wrong standard, a legal certainty standard.