preponderance of evidence

preponderance of evidence
As standard of proof in civil cases, is evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not. Braud v. Kinchen, La.App., 310 So.2d 657, 659.
With respect to burden of proof in civil actions, means greater weight of evidence, or evidence which is more credible and convincing to the mind. That which best accords with reason and probability.
The word "preponderance" means something more than "weight"; it denotes a superiority of weight, or outweighing. The words are not synonymous, but substantially different.
There is generally a "weight" of evidence on each side in case of contested facts. But juries cannot properly act upon the weight of evidence, in favor of the one having the onus, unless it overbear, in some degree, the weight upon the other side. That amount of evidence necessary for the plaintiff to win in a civil case. It is that degree of proof which is more probable than not. Preponderance of evidence may not be determined by the number of witnesses, but by the greater weight of all evidence, which does not necessarily mean the greater number of witnesses, but opportunity for knowledge, information possessed, and manner of testifying determines the weight of testimony.

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • preponderance of evidence — A standard of proof that must be met by a plaintiff if he or she is to win a civil action. Dictionary from West s Encyclopedia of American Law. 2005. preponderance of evidence I …   Law dictionary

  • preponderance of evidence — The weight, credit, and value of the aggregate evidence on either side; the greater weight of the evidence the greater weight of the credible evidence. In the last analysis, the probability of the truth; evidence more convincing as worthy of… …   Ballentine's law dictionary

  • fair preponderance of evidence — Evidence sufficient to create in the minds of the triers of fact the conviction that the party upon whom is the burden has established its case. The greater and weightier evidence; the more convincing evidence. Belmont Hotel v. New Jersey Title… …   Black's law dictionary

  • fair preponderance of evidence — Evidence sufficient to create in the minds of the triers of fact the conviction that the party upon whom is the burden has established its case. The greater and weightier evidence; the more convincing evidence. Belmont Hotel v. New Jersey Title… …   Black's law dictionary

  • fair preponderance of evidence — A characterization of the degree of proof required in some civil cases, particularly in reference to proof of fraud. 37 Am J2d Fraud §§ 468, 470. Not the larger number of witnesses, but the probability of truth. Schargel v United Electric Light & …   Ballentine's law dictionary

  • preponderance of the evidence — pre·pon·der·ance of the evidence /pri pän də rəns /: the standard of proof in most civil cases in which the party bearing the burden of proof must present evidence which is more credible and convincing than that presented by the other party or… …   Law dictionary

  • evidence — ev·i·dence 1 / e və dəns, ˌdens/ n [Medieval Latin evidentia, from Latin, that which is obvious, from evident evidens clear, obvious, from e out of, from + videns, present participle of videre to see]: something that furnishes or tends to furnish …   Law dictionary

  • evidence — Any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc., for the purpose of inducing belief in the… …   Black's law dictionary

  • evidence — Any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc., for the purpose of inducing belief in the… …   Black's law dictionary

  • preponderance — noun 1. superiority in power or influence the preponderance of good over evil the preponderance of wealth and power • Derivationally related forms: ↑preponderant, ↑preponderate • Hypernyms: ↑power, ↑powerfulness …   Useful english dictionary

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