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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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Mostlylegal
11:43
thank you all for the laughs
Mostlylegal
11:44
let this be my formal termination notice
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Mostly where are you going
hey alexa play you'll be black from hamilton
**back
NosyBeagle
12:13
hamilton but he frees the slaves and has to figure out what their racial demographics are for the census
12:17
has anybody compiled the transfer median gpas for law schools anywhere
12:18
instead of having to check each schools 509
12:24
@c0bra1: not that I've seen
12:24
lame
12:24
I think the transfer reddit had a spreadsheet at one point but it's a few years old
@NosyBeagle: I almost fell out of my chair
globalcitizen
13:46
Anyone read annihilation
NosyBeagle
14:40
@windyMagician: I'll be here all week
15:02
yo
15:02
i was training this new girl & she quit on second day
15:03
goin on 6 mo no word from notre dame
whenever someone has the free will to create a protein bar with a texture/appearance unlike an actual log of shit, pls someone send it to me
AngryMiniCar
16:51
any chance I'll improve RC just by hard drilling with no review? I honestly think I just have a reading problem atp
AngryMiniCar
16:51
Not even that I don't know how to answer questions. I think I'm simply not well read
@AngryMiniCar: they say the biggest thing for improving RC over time is just... reading. so yeah! go pick up some books. grab a harder one
@AngryMiniCar: doont worry, 99.9% are uncultured swine
Bettercaulsaul
20:07
The gym is the only reason I’ve been calm waiting for admissions updates
20:49
endorphins go brrrrr
20:55
take so,e
20:55
bruh
20:55
take some tylenol and black pepper before working out to really get that euphoria
Bettercaulsaul
23:25
I’m going to try that & hit a new PR
0:13
@c0bra1: working on one,should be complete tmrw
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