The "preponderance of the evidence" is that degree of evidence required to establish the existence or nonexistence of a fact in dispute. In discrimination cases, the law requires that the Complainant prove by a "preponderance of the evidence" or by the greater weight of the overall evidence that the discrimination occurred, i.e. to prove that there is a "causal connection" between the "act of harm" and the "protected basis."
Greater weight of the evidence; Often described as 50.1% of the evidence; the common standard of proof in civil cases.
A standard used in civil law to determine which side's evidence has been sufficient to allow it to prevail.
To win a civil case, the plaintiff has to prove that most of the evidence (also known as Preponderance of the evidence) is on his or her side.
The standard of proof that requires the majority of the evidence to prove the case.
Degree of evidence necessary for a plaintiff to win in a civil case. Evidence which is of greater weight or more convincing than the evidence which is offered in opposition. On a scale of 1 to 100, fifty-one percent (S 1 %) or better
The level of proof required to prevail in most civil cases. The judge or jury must be persuaded that the facts are more probably one way (the plaintiff's way) than another (the defendant's).
Greater weight of evidence, or evidence that is more credible and convincing. Refers to the amount of proof required to win in a civil case. It is that degree of proof that is more probable than not (lower standard than that required in criminal cases).
The amount of evidence needed for a plaintiff to win in a civil action. A preponderance of the evidence is the greater weight of the evidence or the more convincing evidence in comparison to the evidence offered in opposition. A plaintiff can win by a preponderance of the evidence even if plaintiff's evidence merely tips the scales in plaintiff's favor.
The greater weight of evidence that persuades a judge or jury to lean to one side as opposed to the other during the course of litigation. In civil trials, evidence is required only by preponderance, not beyond a reasonable doubt. The side with the most persuasive or impressive evidence wins the case.
The legal standard of a ¡°preponderance of evidence¡± requires the evidence to be more convincing than the evidence which is offered in opposition to it. [Source: ¡°35 U.S.C. ¡ì103 Conditions for Patentability; Non-Obvious Subject Matter,¡± Manual of Patent Examining Procedure (MPEP), Edition 8 (E8), August, 2001, USPTO Website, www.uspto.gov., accessed 2 April 2002.
When the greater weight and verity of the evidence on one side of a civil lawsuit is more convincing than the other, the preponderance of the evidence is in favor of the more convincing side, even if the less convincing side has more evidence.
