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3.2-1 Standard of Proof
Revised to January 1, 2008
In order to meet
(his/her) burden of proof, a party must satisfy you that (his/her)
claims on an issue are more probable than not. You may have heard
in criminal cases that proof must be beyond a reasonable doubt, but
I must emphasize to you that this is not a criminal case, and you
are not deciding criminal guilt or innocence. In civil cases such
as this one, a different standard of proof applies. The party who
asserts a claim has the burden of proving it by a fair preponderance
of the evidence, that is, the better or weightier evidence must
establish that, more probably than not, the assertion is true. In
weighing the evidence, keep in mind that it is the quality and not
the quantity of evidence that is important; one piece of believable
evidence may weigh so heavily in your mind as to overcome a
multitude of less credible evidence. The weight to be accorded each
piece of evidence is for you to decide.
As an example of what I
mean, imagine in your mind the scales of justice. Put all the
credible evidence on the scales regardless of which party offered
it, separating the evidence favoring each side. If the scales
remain even, or if they tip against the party making the claim, then
that party has failed to establish that assertion. Only if the
scales incline, even slightly, in favor of the assertion may you
find the assertion has been proved by a fair preponderance of the
evidence.
Authority
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