Preponderance of the Evidence
Have you ever heard the term preponderance of the evidence? A preponderance of the evidence is something very different than what you see on TV when there is a criminal lawsuit. In a criminal lawsuit you have to prove evidence Beyond A Reasonable Doubt. Makes people think of a very high amount like 95% or more. That is typically where you only want to send someone to jail or convict someone of a crime if you’re pretty darn sure that they did it.
A preponderance of the evidence is something much lower. Preponderance of the evidence means that if you are persuaded that it is more truth and not true like 51% or more then you should make a ruling showing that the facts tend to show that the party met their burden.
In civil cases (rather different than a criminal case) it is very common to use a preponderance of the evidence standard. If you are involved in a lawsuit or you are planning to sue someone, Then you need to know what level of standard that you need to show in court in order to win. This is not the same thing as weighing the evidence number of witnesses or number of exhibits but it is the judge or a jury giving weight or consideration to a certain piece of evidence which either tends to show and prove your case or tends to show the opposite to disprove your case or claim.
In some of the cases that we have taken to trial there is a different standard used such as clear and convincing or Beyond Reasonable Doubt; however, in most cases you are going to be looking at a preponderance of the evidence standard. this means that you have to show or convince the judge or jury that you are more right than the other party.
One of the tactics that we use in court is to provide as much evidence and make your case as strong as possible when we present before a judge or jury. It’s not just the evidence alone that makes your case when it is also the law. If a legal issue is not on your side it can make it very difficult to prevail in a lawsuit. this is why you really must have a litigation attorney if you ever decide to go to court. a litigation attorney that is experienced in court trial work and motion work will know how important each legal issue is and each element each cause of action is so that you can prevail in your case.
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If you need help from a trial lawyer, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506