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 think two things are important for presbyteries as they seek to judge based on a balance of probabilities.
the requirement that the plaintiff demonstrate harm on the balance of probabilities.
The lack of compelling evidence beyond the pure anecdotal suggests that on the balance of probabilities that nothing is out there.
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.
The committee, having carefully considered the evidence, have not been able to conclude on the balance of probabilities that Mrs Allen knew there was a child protection issue when she made the call to Pupil A's home.
Home office pathologist Dr William Lawler said he could not ascertain the cause of death but on the balance of probabilities it was due to natural causes.
But at an inquest in Pontypridd yesterday coroner Philip Walters recorded an open verdict saying the balance of probabilities was that he died of natural causes.
The Court set out four requirements that must be established on a balance of probabilities in an action for prosecutorial misconduct:
Mr Gittins said on the balance of probabilities, given Mr Jones drunken condition, it was consistent with him knocking over the heater.
I am therefore satisfied that on the balance of probabilities that Gareth was killed unlawfully.
ACCUMULATED The judge ruled: "We find, as a fact, and on the balance of probabilities, that the monies accumulated in the Hong Kong branch of the Bank of China were the product of undeclared and diverted profits from the takeaway business.
I am satisfied on the balance of probabilities that each of them would have died whatever time the emergency services reached and rescued them" Coroner Lady Justice Hallett formally rules that the people who died in the July 7 suicide attacks were unlawfully killed "In politics, as in life, sometimes you get these big ups and downs and we have taken a real knock last night.

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