Importance Of Preponderance Of The Evidence

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Where in the Court System do the following levels of proof apply: Preponderance of the Evidence; Clear and Convincing Evidence and Beyond a Reasonable Doubt? In civil court, “preponderance of the evidence” and “clear and convincing evidence” are required standards of proof. “Preponderance of the evidence” is established when the evidence has shown that guilt has been more than 50% proven (Hails, 2014, p. 574). “Clear and convincing” standard requires proof greater than the “preponderance of the evidence” but not as great as “beyond a reasonable doubt”. Reasonable doubt is establish through evidence that disqualifies every reasonable opposing argument, thus establishing guilt. In criminal cases, guilt must be established “beyond a reasonable doubt” (Hails, 2014, p. 546). While the first two standards of proof are more commonly associated with civil trials, they are also read requirements in criminal courts during evidentiary rulings. Preponderance of the evidence …show more content…

Minister of Pensions, “preponderance of the evidence” is met when the trier of fact, is persuaded that the proposition is “more probable than not”. This is the standard of proof used when determining eligibility of unemployment benefits, child support, wrongful death civil actions and immunity from prosecution. O.J. Simpson was acquitted of the murder of his ex-wife, Nicole Brown and Ron Goldman, however, he was found liable for wrongful death in a civil action. The difference between “preponderance of the evidence” and “beyond a reasonable doubt” explains the different outcomes in the cases. “Preponderance of the evidence” is the standard of proof used for immunity from prosecution under Florida 's stand-your-ground

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