In a trial, the concept of a fair preponderance of the evidence dictates that the side with slightly stronger evidence should emerge victorious. This principle is commonly applied in civil cases, where the repercussions of losing are typically less severe compared to criminal cases. It can be likened to a scale, where the side with more persuasive evidence tilts the balance in their favor.
Fair preponderance of the evidence is a legal standard utilised in civil trials to ascertain which party possesses the more compelling evidence. Unlike the standard employed in criminal trials, which necessitates proof beyond a reasonable doubt, a plaintiff in a civil trial must establish their case by a fair preponderance of the evidence. This entails presenting evidence that is more convincing than the evidence put forth by the defendant. The purpose of this standard is to ensure that the party with the stronger evidence emerges victorious in the case.
The standard of proof for a fair preponderance of the evidence is that the evidence must show that it is more likely than not that the facts are true.
Fair preponderance of the evidence is a lower standard of proof than “beyond a reasonable doubt” but higher than “probable cause.” It requires that the evidence show that it is more likely than not that the facts are true.
Fair preponderance of the evidence is commonly used in civil cases, such as personal injury lawsuits, contract disputes, and family law matters.
If the evidence is evenly balanced, the party with the burden of proof will not have met their burden and will lose the case.
No, fair preponderance of the evidence is not used in criminal cases. Criminal cases require proof beyond a reasonable doubt.
Fair preponderance of the evidence is determined by the judge or jury weighing the evidence presented by both parties and deciding which side has shown that their version of the facts is more likely than not to be true.
The judge is responsible for instructing the jury on the standard of proof and may also make rulings on the admissibility of evidence that could impact the fair preponderance of the evidence.
Yes, a party who believes that the fair preponderance of the evidence was not properly applied in their case can appeal the decision to a higher court.
Fair preponderance of the evidence can impact settlement negotiations by influencing the parties’ assessment of the strength of their case and the likelihood of success at trial.
If you have questions about fair preponderance of the evidence in your case, it is important to consult with a qualified attorney who can provide guidance and advice based on the specific facts and circumstances of your case.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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