burden of proof

(redirected from Preponderance of the evidence)
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Related to Preponderance of the evidence: Clear and convincing evidence, proof beyond a reasonable doubt
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Words related to burden of proof

the duty of proving a disputed charge

References in periodicals archive ?
Utah 2012)], the court held: "The preponderance of the evidence applied by the district court in Williams is the correct standard.
This is a higher standard than the preponderance of the evidence and requires a reasonable person to believe that a crime was in fact committed.
The preponderance of the evidence is that Choate just wasn't very good at accounting for his own money either.
When a federal law-enforcement agency sets out to punish a private citizen or business based on accusations of fraud or similar wrongdoing, it should have to prove its case by more than just a preponderance of the evidence.
The bill also would have specified that the length of time for which durational alimony was awarded could not exceed half of the length of the marriage, unless the party seeking a longer award showed by a preponderance of the evidence that a longer award was appropriate.
litigation: (1) preponderance of the evidence, and (2) clear and
But the preponderance of the evidence suggests that the satellite failed either during the ascent or shortly afterwards," he added.
Hartwig says that while ACC clauses may exist in some policies, the purpose is to make clear that when the preponderance of the evidence is that loss was caused by flood water, insurers will not be held responsible for a loss they do not insure.
The Judge did not however find her guilty of three counts of economic espionage for the benefit of China and its military, although he found by a preponderance of the evidence, that Jin "was willing to betray her naturalised country," according to the department.
The evidentiary standard for doing so is the preponderance of the evidence (i.
3d at 1330 ("[T]he removing defendant must prove by a preponderance of the evidence that the amount in controversy exceeds the jurisdictional requirement.
Over the defendant's objection that the prosecution should prove beyond a reasonable doubt that he was competent to stand trial, the judge placed the burden on the defendant to prove by a preponderance of the evidence that he was mentally incompetent when tried.
Because we accord a presumption of validity to a judgment on collateral review, it is the petitioner who bears the burden of proving that he is being held contrary to law; and because the habeas proceeding is civil in nature, the petitioner must satisfy his burden of proof by a preponderance of the evidence.