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 ?
However on the lesser test of the balance of probabilities, the same evidence may lead to the conclusion that whilst it was possible that Terry was challenging what he believed Ferdinand had said to him it was also possible that he had in fact used abusive and/or insulting words with reference to national origins and/or colour and/or race and that, on balance, the latter is the preferred interpretation of what happened.
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." That does not mean that it is a simple test of odds, however.
The Complaints Committee applied the principle of the balance of probabilities in determining the complaint.
That general rule for cause-in-fact requires a plaintiff to prove on the balance of probabilities that were it not for the defendant's fault, the plaintiff would not have suffered the harm in respect of which she is claiming.
The Federal Court of Appeal unanimously decided that the Minister of Immigration had not proved on a balance of probabilities that Mr Mugesera had committed crimes against humanity or incitement to murder, hatred, or genocide.
The committee accepted it on the balance of probabilities.
Professor Luke Bisby wrote: "There is currently insufficient evidence, even based on a balance of probabilities, in my opinion, to support the hypothesis that the fire originated in the fridge-freezer, and to exclude all other potential sources of ignition."
WRC officer Emer O'Shea found the hotel's reason for dismissal to be unconvincing and on the balance of probabilities the woman was dismissed for her trade union activities.
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.
Recording a conclusion of accidental death, Coroner for North East Wales and Central, John Gittins, said: "There is sufficient evidence on the balance of probabilities that this was an accident."
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.

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