Preponderance of probabilities: civil proof requires facts be more likely than not, assessed by judicial judgment. Preponderance of probabilities denotes the civil standard of proof requiring that a fact be more likely than not, short of the criminal standard of proof beyond reasonable doubt, while excluding fanciful or remote possibilities. The standard admits degrees of probability depending on subject matter, and its assessment involves a subjective element: forensic probability rests on common sense and the trained intuitions of the judge rather than quantitative measurement.
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Provisions expressly mentioned in the judgment/order text.
Preponderance of probabilities: civil proof requires facts be more likely than not, assessed by judicial judgment.
Preponderance of probabilities denotes the civil standard of proof requiring that a fact be more likely than not, short of the criminal standard of proof beyond reasonable doubt, while excluding fanciful or remote possibilities. The standard admits degrees of probability depending on subject matter, and its assessment involves a subjective element: forensic probability rests on common sense and the trained intuitions of the judge rather than quantitative measurement.
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