Monday, December 14, 2009

What is the preponderance of the evidence? - Legal English

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Professor Winn teaches Legal English:

English for Lawyers is rich in vocabulary.

For example, what is the preponderance of the evidence?

In a civil trial, it is the standard of proof, which must be met. Specifically, this burden of proof (onus probandi) would be the evidence, which cumulatively outweighs the evidence presented by the opposing party. 

The burden of proof in a criminal trial, by contrast, is "beyond a reasonable doubt," which is the more severe test of evidence required to convict given one's life is on the line.
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