Legal Definitions - Weight of the evidence

The legal term Weight of the evidence refers to how convincing or persuasive the presented evidence is to the decision-maker in a legal case, such as a judge or jury. It assesses the power of evidence to make a particular factual claim seem more likely to be true or false.

This concept can apply in two ways:

• It can refer to the individual strength and credibility of a single piece of evidence.
• It can also refer to the collective persuasive power of all the evidence presented by one side, evaluating its overall ability to support their arguments and overcome the opposing side's claims.

Examples:

• Imagine a civil lawsuit where a homeowner is suing a contractor for shoddy work. The homeowner presents a detailed report from an independent inspector outlining numerous defects and photographs clearly showing the poor craftsmanship. The contractor, in response, only offers a general statement that they believe their work was adequate, without any supporting documentation or expert testimony.

  In this scenario, the weight of the evidence would strongly favor the homeowner. The detailed report and photographs provide compelling, specific proof of the defects, making the homeowner's claim far more convincing than the contractor's unsupported assertion.

• Consider a criminal trial for assault. The prosecution's main evidence is the testimony of a single eyewitness who claims to have seen the defendant commit the act, but the witness admits they were several blocks away and it was dark. The defense, however, presents security camera footage from a nearby store showing the defendant entering the store at the exact time of the alleged assault, along with a receipt from that transaction.

  Here, the weight of the evidence would likely favor the defense. While the eyewitness testimony is a piece of evidence, its individual strength is weak due to the conditions described. The security footage and receipt, on the other hand, collectively provide a much stronger and more convincing alibi, significantly reducing the persuasiveness of the prosecution's case.

• In a dispute over a property line between two neighbors, one neighbor presents an old, hand-drawn map passed down through their family, claiming it shows the boundary in their favor. The other neighbor presents a recent, professionally surveyed map that clearly marks the boundary differently, along with official land registry documents supporting the survey.

  The weight of the evidence would lean heavily towards the neighbor with the professional survey and official documents. While the family map is a piece of evidence, its reliability and accuracy are questionable compared to the precise, officially recognized documents and survey, which carry much greater persuasive power.