Juridical Dictionary

This dictionary contains:
8526
juridical terms

Preponderance of proof




Preponderance of proof

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

RELATED TERMS
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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.

Common
marriage law. a marriage in which no formal ceremony took place and no license exists.

Standard
1) In war. An ensign or flag used in war. 2) Measure. A weight or measure of certain dimensions, to which all other weights and measures must correspond; as, a standard bushel. Also the quality of certain metals, to which all others of the same kind ought to be made to conform; as, standard gold, standard silver.

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.

Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.



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
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.



PREVIOUS AND NEXT TERMS
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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
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.

Preponderance of proof

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.

Presence
The existence of a person in a particular place.

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This dictionary contains 8526 terms.







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