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

The Brunner test requires a debtor to prove three elements by a preponderance of evidence:

Generally speaking, a defendant may be found liable for damages suffered by an injured plaintiff when the plaintiff establishes the following elements by a preponderance of the evidence:

In order to win a pedestrian accident lawsuit based on negligence, you'll need to prove the existence of the following elements by a preponderance of the 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.

In order to establish negligence against a driver in a multi-vehicle accident, you will need to prove certain elements by a preponderance of the evidence.

Not exact matches

Such malpractice actions require proof of each element of a malpractice claim — duty, breach, injury, causation, and damages — by a preponderance of the evidence and may require the testimony of experts with respect to more than one of these elements.

In order to win a rebuttal, the litigating party would need to establish by a preponderance of evidence that one or more of the elements of a contract did not exist.

Under Georgia law, a plaintiff in a negligence action must establish, by a preponderance of the evidence, the basic elements of negligence, which are duty, breach of duty, causation, and damages.

The worker would have the burden of proving all four elements of negligence (duty, breach of duty, causation, and damages) 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 eEvidence 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 evidenceevidence.

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.