Definition

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    A proof that would lead the trier of fact (judge or jury) to find that the existence of the contested fact is more probable that not. Courts use this standard in criminal trials when the defendant asserts an affirmative defense. It is a lower burden of proof than proof beyond reasonable doubt.

    Alaska Network on Domestic Violence and Sexual Assault. “Women’s Legal Rights Handbook” (2015)

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    Greater weight of evidence, or evidence that is more credible and convincing to the mind, not necessarily the greater number of witnesses; the standard of proof usually required in civil actions.

    State Bar of Wisconsin. “News Reporters’ Legal Handbook”, 6th Ed. (2013)

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    To win a civil case, the plaintiff has to prove that most of the evidence is on his or her side.

    California Superior Court. “English Legal Glossary” (2005)

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    Evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it.

    National Center for State Courts. “Glossary of Commonly Used Court & Justice System Terminology”, Rev. 2/8/11 (2011)

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    Proven to an extent that is even slightly more convincing than the arguments offered to the con-trary.

    Drogin, Eric Y., et al. Handbook of forensic assessment: Psychological and psychiatric perspectives. Vol. 209. John Wiley & Sons, 2011.

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    Greater weight of evidence, or evidence that is sufficient to create in the mind of the court or jury the belief that the party has established its claims.

    Missouri Press-Bar Commission. “News Reporter’s Legal Glossary” (2009)