preponderance of the evidence - meaning and definition. What is preponderance of the evidence
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What (who) is preponderance of the evidence - definition

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
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Evidence of the Film
The Evidence of the Film is a 1913 American silent short crime film directed by Lawrence Marston and Edwin Thanhouser starring William Garwood.
admission of evidence         
Rules of evidence; Legal proof; Admission of evidence; Law of evidence; Evidence law; Proof (law); Rule of evidence; Legal evidence
n. a judge's acceptance of evidence in a trial. See also: evidence


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.

Examples of use of preponderance of the evidence
1. Defendants in Virginia must prove mental retardation by a preponderance of the evidence, a less–rigorous standard than that used to determine guilt.
2. He said Atkins "must prove he is mentally retarded by... a preponderance of the evidence". If he failed to do so, another court had already decided his fate, he explained.
3. The court could dismiss the lawsuits if it finds that supported by "a preponderance of the evidence." "We have to draw a line in the sand and say we‘ve compromised enough," said Rep.
4. For the jury to consider a mitigating factor, it had to be proven by a preponderance of the evidence, which is the lower standard than "beyond a reasonable doubt," which was used on the aggravating factors.
5. The defense must prove retardation "by a preponderance of the evidence," a lesser standard than "beyond a reasonable doubt." John Blume, a Cornell University law professor who has followed similar cases nationally, observes÷ "It‘s a little bizarre when you think about it, that life or death can ride on an IQ point or two." Staff researcher Bobbye Pratt contributed to this report.