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

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.

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.

Not exact matches

The debtor must establish, by a preponderance of evidence, the following: (1) the debtor would not be able, at their present income and expense levels, to maintain a «minimal» living standard while repaying the debt; (2) «additional circumstances» demonstrate that this situation will continue for much of the repayment period; and (3) the debtor has attempted in good faith to pay the debt.

Under that Rule, the proponent has the burden of establishing that the pertinent admissibility requirements are met by a preponderance of the evidence.»

To use the defense, however, you must establish by a «preponderance of the evidence» that:

The burden is on a medical malpractice plaintiff to establish, by a preponderance of the evidence, that the defendant's actions or omissions were the cause of the plaintiff's injury.

If the burden of proof established in paragraph IV is met, the burden shifts to the non-custodial parent to prove, by a preponderance of the evidence, that the proposed relocation is not in the best interest of the child.

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.

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:

Typically, the duty of care is obvious and it is not difficult to establish that a duty of care existed by a preponderance of the evidence.

Negligence and causation must be established by a «preponderance of the evidence,» or within a «reasonable degree of certainty» or to a «reasonable medical probability.»

The standard is that «[t] he proponent of the expert opinion bears the burden of establishing qualification, reliability, and helpfulness by a preponderance of the evidence.»

Actually [the district court] did commit one clear error on the fiduciary count, and that was to apply the normal civil standard of preponderance of the evidence, rather than the higher standard of proof — proof by clear and convincing evidence — that Illinois requires to establish the existence of a fiduciary duty outside of the per se categories such as lawyer - client and guardian - ward.

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.

If the burden of proof established in paragraph IV is met, the burden shifts to the non-custodial parent to prove, by a preponderance of the evidence, that the proposed relocation is not in the best interest of the child.

If a parent is seeking sole custody due to allegations of substance abuse, she must be able to establish the other parent's drug use by a preponderance of the evidence.