Not exact matches
It gives us
processes for adjudicating truth claims, and imposes different evidentiary rules
on adjudication depending
on the context and consequences (in criminal law proof beyond a reasonable doubt; in civil law proof
on the
balance of probabilities).
This
process requires the person propounding the validity
of a will to prove
on a
balance of probabilities that the will was completed in compliance with the necessary legal formalities, the will maker knew and approved
of the contents
of the will and the will maker had the necessary mental capacity to make a will (called testamentary capacity).
The decision as to whether one has noise - induced hearing loss rests
on the
balance of probability, and having followed the
process of review explained above, experts may offer differing opinions, because it can't be proved, even at post-mortem.
The Court
of Appeal determined that the appellants» case foundered at the first logical question in the causal reasoning
process: have the plaintiffs proven,
on a
balance of probabilities, that a delay in treatment led to the plaintiff's injuries, considering only what he needed by way
of timely diagnosis and treatment in order to avoid the injuries?