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Simple English definitions for legal terms

fair preponderance of the evidence

Read a random definition: court calendar

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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m10
11:58
Nah nah she would not like that. She is conservative.
BulbasaurNoLikeCardio
11:58
Tell her you just got over a cold and if she wants to try and steal your germs its on her but no one likes being sick so hopefully she is chill
m10
11:59
We will see. This is enough feedback. Thank you all.
12:00
tell her you wanna test and see if your immune systems are compatible, that gets the ladies going
m10
12:00
Lol, maybe
babycat
12:00
lmao when you give the republican baddie the ick by masking up
12:01
LOL
Dkk
12:02
Just part of the culture.
BulbasaurNoLikeCardio
12:04
I wish that wearing a mask when sick stuck around as an okay thing like it is in the rest of the world, not all of us have enough sick days to be ditching work.
Dkk
12:04
Unless its like an N95 i dont think it will really do anything
12:04
there's even a mask ban in some places. altho one of my coworkers wears a mask anyway despite customers being rude to her about it
12:05
good morning
12:05
why does umiami ask "Are you applying, or have you applied, to other law schools? If so, please list them."
BulbasaurNoLikeCardio
12:05
One manager came in sick wearing a mask, got roasted and stopped wearing it that day. The entire office has been cycling sickness for two weeks now. It may not be super effective but it may help in slowing the spread during meetings when we have to be so close
12:05
am i the only one who has never gotten my status checker to work on here?
BulbasaurNoLikeCardio
12:06
@ChowieBean: want to see what schools they share an applicant pool with, think it is all data harvesting stuff no a +/- for the applicant
12:06
ok good cuz idk whether i wanna tell them or not
12:06
thanks bulbasaur
12:08
not to be that guy again but berkeley person/applicant id is back and Shiny New Logo
be that guy
EW THE NEW LOGO IS SO UGLY
WTF
12:09
need to send in my berkeley app rawwwww
BulbasaurNoLikeCardio
12:09
@ChowieBean: should be required to tell them, the schools who asked I only told them the schools in their area not all of them.
BulbasaurNoLikeCardio
12:10
*shouldnt be
12:12
@jackfrost11770: if i get a berk A today and they have that logo im withdrawing (/s /s /s /j /j /j)
babycat
12:12
@ChowieBean: me too lol. you applying to public interest scholars program?
12:14
yes def applying public interest
12:16
i was raised like blocks away from umiami
12:16
idk if i wanna go back to florida tho so im applying there as safety/target 💀
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