Juridical Dictionary

This dictionary contains:
8526
juridical terms

Preponderance




Preponderance

A word describing evidence that persuades a judge or jury to lean to one side as opposed to the other during the course of litigation. In many states, criminal trials require evidence beyond a reasonable doubt. But in civil trials, evidence is required only by preponderance of the evidence. The judge (or jury, where applicable) will perceive the evidence of one side as outweighing the other based on which side has the most persuasive or impressive evidence. The strength or "weight" of evidence is not decided by the sheer number of witnesses because the judge decides on the credibility of witnesses and give their testimony weight accordingly. The side with the preponderance of evidence wins the case.

RELATED TERMS
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Word
Construction. One or more syllables which when united convey an idea a single part of speech.

Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.

Judge
An elected or appointed public official with authority to hear and decide cases in a court of law.

Jury
A body of persons sworn to inquire into crime and, if appropriate, bring accusations (indictments) against the suspected criminals.

Course
The direction in which a line runs in surveying.

Litigation
A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. It usually involves dispute resolution of private law issues between individuals, business entities or non-profit organizations.

States
By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general.

Criminal
Relating to, or having the character of crime

Reasonable
Conformable or agreeable to reason; just; rational.

Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.

Preponderance
A word describing evidence that persuades a judge or jury to lean to one side as opposed to the other during the course of litigation. In many states, criminal trials require evidence beyond a reasonable doubt. But in civil trials, evidence is required only by preponderance of the evidence. The judge (or jury, where applicable) will perceive the evidence of one side as outweighing the other based on which side has the most persuasive or impressive evidence. The strength or "weight" of evidence is not decided by the sheer number of witnesses because the judge decides on the credibility of witnesses and give their testimony weight accordingly. The side with the preponderance of evidence wins the case.

Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.

Witnesses
People who may have information of a Fraud based on observation.

Testimony
Evidence. The statement made by a witness under oath or affirmation

Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned



SIMILAR TERMS
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Prepaid legal
A concept related to prepaid services in which the legal circumstances are taken into account.

Prepaid legal services
Services provided by a law firm or independent lawyer on a prepaid basis.

Prepense
The same as aforethought.

Preponderance of proof
Greater weight of the evidence, the common standard of evidence in civil cases.



PREVIOUS AND NEXT TERMS
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Premium pudicitiae
Contracts. Literally the price of chastity.

Prender
Prender or prendre.To take. This word is used to signify the right of taking a thing before it is offered,; hence the phrase of law, it lies in render, but not in prender

Prendre
Prendre or prender. To take. This word is used to signify the right of taking a thing before it is offered,; hence the phrase of law, it lies in render, but not in prender

Prenuptial agreement
A legal contract signed by two people before they get married. it typically involves limitations on a spouse's rights to property, support, and inheritance upon divorce.

Prepense
The same as aforethought.

Preponderance

Preponderance of proof
Greater weight of the evidence, the common standard of evidence in civil cases.

Prerogative
1) Civil law. The privilege, preeminence, or advantage which one person has over another; thus a person vested with an office, is entitled to all the rights, privileges, prerogatives, &c. which belong to it. 2) English law. The royal prerogative is an arbitrary power vested in the executive to do good and not evil.

Prerogative court
eccles. law. The name of a court in England in which all testaments are proved and administrations granted, when the deceased has left bona notabilia in the province in some other diocese than that in which he died.

Prescriptible
That which is subject to prescription.

Prescription
The manner of acquiring property by a long, honest, and uninterrupted possession or use during the time required by law. The possession must have been possessio longa, continua, et pacifica, nec sit ligitima interruptio, long, continued, peaceable, and without lawful interruption.

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This dictionary contains 8526 terms.







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