Sentences with phrase «case by a preponderance of the evidence»

In civil cases, plaintiffs must be able to prove their case by a preponderance of the evidence.

Plaintiffs have the burden of proving their toxic tort case by a preponderance of the evidence.

In addition to the instructions regarding the burden of proof the patient has in proving all aspects of the case by a preponderance of the evidence, the jury in a medical malpractice case is usually instructed with several other general statements of the law.

In civil lawsuits, you must be able to prove your case by a preponderance of the evidence.

In a civil case, the person claiming to be damaged need only prove their case by a preponderance of the evidence.

In a personal injury lawsuit, the plaintiff (or his or her lawyer) must prove his or her case by a preponderance of the evidence.

Presenting Your Evidence at Trial In, the plaintiff, or the person bringing a claim of medical malpractice has the burden of proving every element of the case by a preponderance of the evidence.

Instead, the plaintiff need only prove their case by a preponderance of the evidence.

In automobile accident cases, the plaintiff, or the person bringing the claim has the burden of proving every element of the case by a preponderance of the evidence.

In addition to the instructions regarding the burden of proof the plaintiff has in proving all aspects of the case by a preponderance of the evidence, the jury in an automobile accident case is usually instructed with several other general statements of the law.

In an automobile accident case, the plaintiff has the burden of proving his case by a preponderance of the evidence.

In personal injury lawsuits, your burden is to prove your case by a preponderance of the evidence, which just means that it was more likely than not that the other person caused your injuries or damages.

Any party contesting that authenticity must prove its case by a preponderance of the evidence.

Not exact matches

Citing two earlier cases that forced changes in state laws regarding students» rights to quality education through money spent and time of instruction provided, as well as evidence in Vergara, he said the plaintiffs «have proven, by a preponderance of the evidence, that the Challenged Statutes impose a real and appreciable impact on students» fundamental to quality of education and that they impose a disproportionate burden on poor and minority students.»

The preponderance of evidence, including research presented by the plaintiffs in this case and noted by the court, shows that special population funding levels are dramatically lower than what is needed to provide an excellent education to many Texas students.

One such case is Don Easterbrook, whose testimony in front of a Washington State Committee in March 2013 so distorted the scientific facts that most of the members of his department (WWU geology) wrote a public letter, saying» [his views] are neither scientifically valid nor supported by the overwhelming preponderance of evidence on the topic».

In a civil case, the plaintiff is only required to prove that you are guilty by a preponderance of the evidence.

Under Illinois law, you have to prove your case by what's known as a preponderance of the evidence, or basically that it's more likely than not that you were harmed because of the defect.

In a personal injury case in Colorado, the burden of proof that a plaintiff carries to prove causation is proof by preponderance of the evidence, which essentially means that the plaintiff must prove that it is more likely than not that their injuries were caused by the actions of the defendant.

Subsequently, many courts have interpreted Wyeth as affirmatively holding both that the burden in such a case is on the defendant to prove the FDA would have rejected the warning advocated by the plaintiff, and that the standard by which this must be shown is an «exacting» one beyond the normal preponderance - of - the - evidence standard.

Under law, a victim of medical malpractice has the burden of proof in the case to demonstrate by a preponderance of the evidence that the defendant health care provider was negligent or «breached the standard of care.»

Unlike criminal cases, the burden is on the plaintiff to establish by a preponderance of the evidence that the defendant was at fault for the accident.

In a civil case, one must prove his case by a «preponderance of the evidence.»

An Indiana personal injury or wrongful death claim must only be proven «by the preponderance of the evidence,» whereas a criminal case needs to be proven «beyond a reasonable doubt.»

In other cases, it may be much more difficult to prove that the defendant breached the duty of care by a preponderance of the evidence.

In a civil case, the plaintiffs must prove their claims by a preponderance of the evidence.

In Connecticut, the plaintiff bringing the case bears the burden of proving lost profit damages by a preponderance of the evidence.

When there is a lawsuit for negligence in a personal injury case, the plaintiff is responsible for proving by a preponderance of the evidence that the defendant breached their duty of care.

In all injury and wrongful death cases in Georgia, the Plaintiff must prove that the injury was caused by negligence by a preponderance of the evidence.

To meet the burden of proof in a personal injury case, a plaintiff must prove his or her claim by a preponderance of the evidence, which means that the plaintiff must present evidence that when weighed by the judge or the jury, is more convincing than the defendant's.

The normal standard of proof in a civil case is, of course, proof by a preponderance of the evidence, not proof by clear and convincing evidence....

If an injured pedestrian can establish each of these elements by a preponderance of the evidence (meaning that more than 50 % of the evidence favors his or her case), he or she will win the lawsuit and will be awarded money by the court.