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

However, he was awarded future medical costs, which means that he was able to convince the jury by a preponderance of the evidence that the accident did occur and he was injured in it.

Not exact matches

This is not an agreement by a jury of absolute criminal evidence; this is not even an agreement of a preponderance of evidence ---- this is simply allowing the voice.
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.
There must be some «confirming circumstances» sufficient for a reasonable jury to find by a preponderance of the evidence that the defendant authored the emails.
The preponderance of the evidence standard can be illustrated for juries by comparing it to the scale of justice.
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.
But based on the facts that the sentencing judge found, by a preponderance of the evidence, which Sedore did not admit and the jury did not find beyond a reasonable doubt, the Guidelines advised a range of 84 to 105 months.
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 Supreme Court noted this change in deciding Desert Palace, Inc. v. Costa, where it held that «[i] n order to obtain [a mixed motive instruction under Title VII], a plaintiff need only present sufficient evidence for a reasonable jury to conclude, by a preponderance of the evidence, that «[protected class] was a motivating factor for any employment practice.
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