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 ?
Department of Education has said is, if you use preponderance of the evidence for any disciplinary hearing with the same kind of punishment, that you have to use that same standard for every other complaint," she told the panel.
"The Burriville School District complied with the IDEA in developing N.S.'s tenth-grade IEP and N.S.'s parents have not proved by a preponderance of the evidence that the decision approving that IEP was wrong.
"I write separately to draw the attention of bench and bar to the only truly troubling aspect of this appeal namely, the district judge's use of inference-drawing to find felony drug distribution by a preponderance of the evidence, thus triggering a major sentencing enhancement for Oliveira.
1, 2010)], however, held without discussion that the government's "burden [is] to establish [a willful violation of 31 USC section 5314] by a preponderance of the evidence" in order to impose a civil FBAR penalty under 31 USC section 5321(a)(5)(C).
The PAPE Project--Proof to a Preponderance of the Evidence--is a coalition led by the Georgia Council on Developmental Disabilities, Georgians for Alternatives to the Death Penalty, and Georgia Catholics Against the Death Penalty The coalition is advocating during the 2016 legislative session to change the standard of proof to the "preponderance of the evidence" level.
(59) For example, during OCR's investigation of Harvard Law School, the school adopted revised procedures in compliance with Title IX, using the "preponderance of the evidence" standard for its investigations and affording appeal rights to both parties.
This is a higher standard than the preponderance of the evidence and requires a reasonable person to believe that a crime was in fact committed.
Another concern: Federal rules are clear that the school apply the "lowest evidentiary standard (preponderance of the evidence) when adjudicating claims of sexual misconduct," Groves wrote.
This presumption can be rebutted if the taxpayer proves by a preponderance of the evidence that the appraiser either did not consider properly the criteria in the statute or arbitrarily used appraisal practices that are not generally applied.
(1) Nevertheless, through a series of objective tests conducted by independent medical experts, the injured party must prove by a preponderance of the evidence that the vaccine was the cause of the injury.
The preponderance of the evidence is that Choate just wasn't very good at accounting for his own money either.
"When a federal law-enforcement agency sets out to punish a private citizen or business based on accusations of fraud or similar wrongdoing, it should have to prove its case by more than just a preponderance of the evidence. While proof beyond reasonable doubt may be too high a hurdle in nominally civil cases that can't result in incarceration, proof by clear and convincing evidence seems the least that due process should demand."