Simple English definitions for legal terms
Read a random definition: assignment for benefit of creditors
A fair preponderance of the evidence means that in a trial, the side with the stronger evidence, even if it's just a little bit stronger, should win. This is usually used in civil cases, where the consequences of losing aren't as serious as in criminal cases. It's like a scale, where the side with more convincing evidence tips the scale in their favor.
Definition: Fair preponderance of the evidence 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 not necessarily established by the greater number of witnesses testifying to a fact, but by evidence that has the most convincing force. This burden of proof is used in most civil trials, where the jury is instructed to find for the party that, on the whole, has the stronger evidence, even if the edge is slight. It is not sufficient to free the mind wholly from all reasonable doubt, but it is enough to incline a fair and impartial mind to one side of the issue rather than the other.
Examples: In a civil case, if a person sues another for causing them harm, the plaintiff must prove their case by a fair preponderance of the evidence. This means that the plaintiff must present evidence that is more convincing than the evidence presented by the defendant. For example, if a person slips and falls in a grocery store, they must prove that the store was negligent in maintaining the premises and that this negligence caused their injury. If the plaintiff presents evidence that the store had a history of spills and did not clean them up promptly, this may be enough to prove their case by a fair preponderance of the evidence.
In another example, if a person is accused of breach of contract, the plaintiff must prove their case by a fair preponderance of the evidence. This means that the plaintiff must present evidence that is more convincing than the evidence presented by the defendant. For example, if a person hires a contractor to build a house and the contractor fails to complete the work, the homeowner may sue the contractor for breach of contract. The homeowner must prove that the contractor did not complete the work as agreed and that this caused them harm. If the homeowner presents evidence that the contractor did not complete the work as agreed and that this caused them financial harm, this may be enough to prove their case by a fair preponderance of the evidence.
Explanation: Fair preponderance of the evidence is a legal standard used in civil trials to determine which party has the stronger evidence. It is not as strict as the standard used in criminal trials, which requires proof beyond a reasonable doubt. In a civil trial, the plaintiff must prove their case by a fair preponderance of the evidence, which means that their evidence must be more convincing than the evidence presented by the defendant. This standard is used to ensure that the party with the stronger evidence prevails in the case.