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Simple English definitions for legal terms

fair preponderance of the evidence

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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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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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