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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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lilypadfrog
14:44
@SplitterusClitterus: I applied like two weeks later. It was one of my last apps
jackfrost11770
14:44
I mean I think you're more likely to get WL than R at UPenn lmao, I'm taking it as an R whatever
ReminiscentZestyFish
14:45
Tru
GreyCeaselessMammoth
14:45
notHim at it again
14:45
notHim is a born WINNER
14:47
ya i basically have penn r
Trismegistus
14:48
how would you know
14:48
uh wdym. i didnt get penn A or penn WL
jackfrost11770
14:48
Check substatus, it's not an update. I didn't even notice it at first
14:48
Substatus?
14:48
i cant get into my penn rn so im just assuming
14:48
same @Eggan
cumsock
14:49
carole baskin sold all her land
14:49
If it says under committee review I’m still alive right
cumsock
14:49
for 20 million fuckin dollars
Trismegistus
14:49
that's what mine saying @sadpadresfan
14:50
ya im on the plane so it wont let me log into lsac for some readon
14:50
for another 2 hours
lilypadfrog
14:50
im out here in miamiiiii
14:50
Whoa someone got Penn WL but Harvard A earlier what the heck
Trismegistus
14:50
happens all the time
14:51
I stg every time I see you that Jorge Ben song starts playing in my head again
Trismegistus
14:51
LOL
jackfrost11770
14:53
Egg not necessarily, I didn't get an email. It just says waitlist in application status which is mad annoying lol. At least tell us what you want like a LOCI or anything
14:54
i cannot get into my portal
14:54
i will not know
14:54
delta have better wifi challenge
cumsock
14:55
i dont think william and mary is sending me that interview invite
cumsock
14:55
am i thAT shit
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