{"id":14285,"date":"2018-02-18T21:39:44","date_gmt":"2018-02-18T21:39:44","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=14285"},"modified":"2018-02-18T22:21:33","modified_gmt":"2018-02-18T22:21:33","slug":"preponderance-of-evidence","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=14285","title":{"rendered":"preponderance of evidence – in civil suits, the party whose evidence is more convincing has a “preponderance of the evidence” on its side and must, as a matter of law, prevail in the lawsuit because it has met its burden of proof"},"content":{"rendered":"

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preponderance<\/span>:<\/span>
\n<\/strong>n<\/em>. (17c)<\/span><\/p>\n

1.<\/strong> Superiority in weight, importance, or influence; the quality of having a greater number or quantity of something.<\/strong> \u2014preponderate<\/strong><\/em><\/span>, vb<\/em>. \u2014 preponderant<\/span><\/strong><\/em>, adj<\/em>. [1]
\n<\/span><\/p>\n

1. Superior in influence, importance, weight, or strength.<\/strong> [2]<\/span><\/p>\n

preponderance of the evidence<\/span>:<\/span><\/strong>
\n(18c)<\/span><\/p>\n

1. The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.\u00a0 *\u00a0 This is the burden of proof in most civil trials, in which the jury is instructed to find for the party that, on the whole, has the stronger evidence, however slight <\/span>the edge may be.<\/strong> \u2014 aka preponderance of proof<\/span><\/strong><\/em>; <\/span>balance of probabilit<\/span><\/strong><\/em>y; greater weight of the evidence<\/span><\/strong><\/em>.\u00a0 See <\/span>REASONABLE DOUBT.\u00a0 Cf. clear and convincing evidence <\/em><\/span>under EVIDENCE; BURDEN OF PROOF. [1]
\n<\/span><\/p>\n

1. The weight, credit, and value of the aggregate evidence on either side; the greater weight of the evidence; the greater weight of the credible evidence.\u00a0 In the last analysis, the probability of the truth; evidence more convincing as worthy of belief than that which is offered in opposition thereto. 30 Am J2d Ev \u00a7 1164<\/span>.<\/span><\/strong>
\n The expression does not mean the mere numerical array of witnesses, it means weight, credit, and value. Willcox v Hines<\/em>, 100 Tenn 524, 45 SW 781<\/span>.<\/strong> [3]<\/span><\/p>\n

1. The degree of proof required in most civil actions.\u00a0 It means that the greater weight and value of the credible evidence, taken as a whole, belongs to one side in a lawsuit rather than to the other side.\u00a0 in other words, the party whose evidence is more convincing has a “preponderance of the evidence” on its side and must, as a matter of law, prevail in the lawsuit because it has met its burden of proof.\u00a0 The expression “preponderance of the evidence” has nothing to do with the number of witnesses a party presents, only with the credibility and value of their testimony.<\/strong> <\/span>
\n\u00a0\u00a0\u00a0\u00a0 Compare beyond a reasonable doubt<\/em>; clear and convincing evidence<\/em>.<\/span>
\n\u00a0\u00a0\u00a0\u00a0 See weight of the evidence<\/em>. [2]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Charles Herman Kinnane’s A First Book on Anglo-American Law<\/em><\/a> (2d ed. 1952):<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cCriminal convictions are so serious in their consequences that it is felt that an accused person should be freed, if there is any fair or reasonable doubt about his guilt, even though there seems to be considerable likelihood that he did commit the crime. . . . In civil cases, however, the consequence of losing a case, although serious enough in many cases, is not considered to be such as to require so stringent a rule.\u00a0 Accordingly the plaintiff is entitled to a verdict if he proves the case \u2018by the preponderance of the evidence.\u2019 in other words, he is entitled to a verdict even though there may be a reasonable doubt as to the liability of the accused, if the jury is satisfied nevertheless that the <\/span><\/span><\/strong>plaintiff has proved his case.<\/span>\u201d<\/strong> [4]
\n<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition<\/a>\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6<\/b><\/span><\/strong><\/p>\n

[2]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/b><\/strong>Legal Assistant Edition<\/b><\/a><\/em>
\nby Jack Ballantine\u00a0<\/b><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/em>Doctored<\/b><\/a><\/strong>\u00a0<\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/b><\/strong><\/span><\/p>\n

[3]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/a><\/em>Third Edition<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/strong>by James A. Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/b><\/span><\/strong><\/p>\n

[4]: Charles Herman Kinnane, A First Book on Anglo-American Law<\/em><\/a> 562 (2d ed. 1952).<\/span><\/strong><\/p>\n

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