PREPONDERANCE OF EVIDENCE

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Multi-State
Control #:
US-JURY-10THCIR-1-05-1
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Word
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https://www.ca10.uscourts.gov/sites/default/files/clerk/Jury%20Instructions%20Update%202018.pdf PREPONDERANCE OF EVIDENCE is a standard of proof used in many civil and criminal proceedings. It is the greater weight of evidence presented by one side in a dispute, as compared to the evidence presented by the other side. It is also known as a “balance of probabilities” or “greater weight of evidence.” In a criminal proceeding, preponderance of evidence is the standard used to determine guilt; the jury must decide that it is more likely than not that the defendant is guilty. In a civil proceeding, the standard of proof is usually higher than preponderance of evidence; the burden of proof is usually clear and convincing evidence. There are two types of preponderance of evidence: direct and circumstantial. Direct evidence is evidence that directly supports a claim, such as eye-witness testimony or a video recording. Circumstantial evidence is indirect evidence that requires inferences to connect it to a claim, such as an alibi or an expert opinion.

PREPONDERANCE OF EVIDENCE is a standard of proof used in many civil and criminal proceedings. It is the greater weight of evidence presented by one side in a dispute, as compared to the evidence presented by the other side. It is also known as a “balance of probabilities” or “greater weight of evidence.” In a criminal proceeding, preponderance of evidence is the standard used to determine guilt; the jury must decide that it is more likely than not that the defendant is guilty. In a civil proceeding, the standard of proof is usually higher than preponderance of evidence; the burden of proof is usually clear and convincing evidence. There are two types of preponderance of evidence: direct and circumstantial. Direct evidence is evidence that directly supports a claim, such as eye-witness testimony or a video recording. Circumstantial evidence is indirect evidence that requires inferences to connect it to a claim, such as an alibi or an expert opinion.

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