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Simple English definitions for legal terms

fair preponderance of the evidence

Read a random definition: assignment for benefit of creditors

A quick definition of fair preponderance of the evidence:

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.

A more thorough explanation:

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.

fair play and substantial justice | fair rate of return

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@ClockworkBlue: I feel like most people could train for the 40 for the same amount of time as they do the LSAT and get close to sub 5 which would be equivalent to a 167+
this is like the schizophrenic posts JJK tik tok be putting out
powerscaling Law School deans up next
11:19
Election Day election day
Write in Dean Z vote
11:20
Saw a guy that wrote in Biden and he said no retirement for you buddy
1a2b3c4d26z
11:20
@ClockworkBlue: god I hope that's true
if the country was run the same as Mich Law it would be a better place
Imagine if election night was run by an adcom? Like, "yep, we could get the results Friday, or June 2025."
imagine if it was like Berkley applications
1a2b3c4d26z
11:22
Election status: Complete
1a2b3c4d26z
11:22
For months
triplethread
11:23
erection day
soapy
11:23
Shoutout to Robinhood's election bet not resolving until January
triplethread
11:23
is anyone else like certain that trump will win
ambitiouslizard
11:23
he aint winning
triplethread
11:23
i like being a pessimist
ambitiouslizard
11:24
he lost his re-election, why would he win this one?
1a2b3c4d26z
11:25
I have no idea why people have so much beef w berkeley's app
I've been reading a bit about "herding," which is this idea that pollsters are making the race look tied so they look right no matter who wins.
1a2b3c4d26z
11:26
Like... it's a more involved app but you don't have to do it? They're clearly trying to have some self-selection go on
I 100% agree with the self selection, I also am not even close to touching the medians there. However I think the huge PS plus the video and especially the very specific criteria for the why Berkeley essay is pretty crazy
I'm curious, how bold can one be in those videos? Is it worth making a satirical Jason Statham-action short if the adcoms have no sense of humor?
the more risk you take the higher chance of it backfiring
my instinct would be low humor bc if they have such a complex application I would feel hesitant to use a major part of it as a joke. They clearly take their admissions seriously and a joke video might convey the wrong thing at the wrong time. I think that humor is best put into a PS anecdote where it adds some shine to your personality
safe is always better
All good points
triplethread
11:34
@TheAdoptedOne: amazing
I almost did one for Vanderbilt and my idea was to do a documentary-style vid where I and others talked about me like it was an ESPN 30 for 30.
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