Simple English definitions for legal terms
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Balance of probability refers to the greater weight of evidence that inclines a fair and impartial mind to one side of an issue rather than the other. It is the burden of proof in most civil trials, where the jury is instructed to find for the party that has the stronger evidence, even if the edge is slight. This is different from criminal cases, where an accused person should be freed if there is any fair or reasonable doubt about their guilt.
Definition: Balance of probability refers to the greater weight of evidence that inclines a fair and impartial mind to one side of an issue rather than the other. It is the burden of proof in most civil trials, where the jury is instructed to find for the party that has the stronger evidence, even if the edge is slight. This standard of proof is not as stringent as the one used in criminal cases, where an accused person should be freed if there is any fair or reasonable doubt about their guilt.
Example: In a personal injury case, the plaintiff must prove that the defendant's negligence caused their injuries. The balance of probability standard requires the plaintiff to present evidence that is more convincing than the defendant's evidence. If the jury finds that the plaintiff's evidence is slightly stronger, they will rule in favor of the plaintiff.
Explanation: The balance of probability standard is used in civil cases because the consequences of losing a case are not as serious as in criminal cases. The plaintiff only needs to prove their case by a preponderance of the evidence, which means that their evidence is more convincing than the defendant's evidence. This standard is easier to meet than the one used in criminal cases, where the prosecution must prove their case beyond a reasonable doubt.