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To prove an element by a preponderance of the evidence simply means to prove that something is more likely than not. In other words, in light of the evidence and the law, do you believe that each element of his/her [claim/counterclaim] is more likely true than not? BURDEN OF PROOF ? PREPONDERANCE OF EVIDENCE uscourts.gov ? sites ? vtd ? files ? BURD... uscourts.gov ? sites ? vtd ? files ? BURD...
The verdict in a criminal case must be unanimously decided, meaning every single one of the jurors must agree with a finding of guilty or not guilty. If even one juror disagrees with the outcome, there can be no final judgment in the case. When a finding is not unanimous, this is referred to as a hung jury. How Does a Jury Decide Whether a Defendant Is Guilty or Not Guilty? brockhunterlaw.com ? blog ? april ? how-d... brockhunterlaw.com ? blog ? april ? how-d...
This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant's guilt in order to render a guilty verdict. beyond a reasonable doubt | Wex | US Law | LII / Legal Information Institute cornell.edu ? wex ? beyond_a_reasonab... cornell.edu ? wex ? beyond_a_reasonab...
?Preponderance of the evidence? means evidence that has more convincing force than that opposed to it. If the evidence is so evenly balanced that you are unable to say that the evidence on either side of an issue preponderates, your finding on that issue must be against the party who had the burden of proving it. Civil Plain English Comparison - jury instructions - California Courts ca.gov ? partners ca.gov ? partners