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preponderance of the evidence |
Also found in: Medical, Wikipedia, Hutchinson | 0.01 sec. |
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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) |
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In the sanity phase, the defense has the burden of proving insanity by the preponderance of the evidence. The court concluded a preponderance of the evidence showed the company's shareholder-employees were reasonably compensated for each year under review and, therefore, the brothers' compensation was deductible in full. The preponderance of the evidence establishes that A did not have effective power to pay M's withholding taxes. |
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