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What (who) is preponderance$63547$ - definition

IN LAW, THE OBLIGATION ON A PARTY IN A TRIAL TO PRODUCE EVIDENCE

Standard of proof; Preponderance of the evidence; Clear and convincing evidence; Burden of persuasion; Balance of probabilities; Clear and convincing; Legal burden; Evidentiary burden; Preponderance of evidence; Air of reality; Air of reality test; Insufficient evidence; Legal Burden of Proof; Burden of production; Burden of defense; Burden of Proof (legal); Balance of probability; Legal burden of proof; Standard of evidence; Evidentiary standard; Reasonable, substantial, and probative evidence; Clear, unequivocal, and convincing evidence; Clear, unequivocal, satisfactory, and convincing evidence; Standards of evidence; The burden of proof is on the accuser

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 also: evidence

clear and convincing evidence

n. evidence that proves a matter by the "preponderance of evidence" required in civil cases and beyond the "reasonable doubt" needed to convict in a criminal case. See also: beyond a reasonable doubt

insufficient evidence

n. a finding (decision) by a trial judge or an appeals court that the prosecution in a criminal case or a plaintiff in a lawsuit has not proved the case because the attorney did not present enough convincing evidence. Insufficient evidence usually results in dismissal of the case after the prosecution or the plaintiff has completed his/her introduction of evidence or, if on appeal, reversal of the judgment by the trial court. See also: evidence finding

Wikipedia

Burden of proof (law)

In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute.

The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim semper necessitas probandi incumbit ei qui agit, a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be dismissed.

https://en.wikipedia.org/wiki/Burden of proof (law)