balance of probabilities


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balance of probabilities

the standard of proof in civil cases, demanding that the case that is the more probable should succeed. This is the kind of decision represented by the scales of justice. The court weighs up the evidence and decides which version is most probably true. Thus, the actual truth may never be known. All that is done in the Anglo-American system is to choose which of the combatants has presented the most probable version. If both seem equally balanced, then the person pursuing the case loses on the basis of the maxim melior est conditio defendentis, ‘better is the position of the defender’. For the standard in criminal cases see
References in periodicals archive ?
I am therefore satisfied on the balance of probabilities that Gareth was killed unlawfully.
The civil burden of proof, on the balance of probabilities, was famously described by the English judge Lord Denning in 1947 as "more probable than not.
After applying the balance of probabilities, the Complaints Committee was convinced that the allegations against the member were of substantial substance.
On those findings the judge dismissed the plaintiff's claim since, on the balance of probabilities, the delay had not harmed him.
The Court concluded "Based on the balance of probabilities, M committed the proscribed acts and is therefore inadmissible to Canada by virtue of s.
Recording a conclusion of natural causes, the coroner said that on the balance of probabilities his death was not work-related.
While it is not possible to state this was released by a particular Garda or any other identifiable person, there does appear to be sufficient evidence, on the balance of probabilities, that some of the detail relating the arrest emanated from within the Garda Siochana and were made available to the media in an unauthorised manner.
It was ruled that the appellants are entitled to a full appeal, but not to a rehearing on oral evidence and that charges against them are required to be proved on the balance of probabilities only.
Perhaps one day global warming, just on the balance of probabilities, will generate massive lightning bolts to completely wreck all the "great founding religious sites" of Judaism, Christianity and Islam.
Anyone that chooses to be in possession of eggs is obliged to show, on a balance of probabilities, that their possession is lawful.
We look at these things on the balance of probabilities and this area of study has been ongoing for many decades.
On the balance of probabilities I would say death was by natural causes.

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