Browsing All posts tagged under »legal burden of proof«

How “Preponderance of the Evidence” Rewards Restraining Order Fraud and Why Bigger Lies Work Better than Smaller Ones

May 9, 2014

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Recent posts to this blog have discussed American evidentiary standards and stressed that the standard applied to civil restraining orders, “preponderance of the evidence,” has nothing to do with proof. According to this standard, a judge should find in favor of a restraining order plaintiff if s/he figures there’s a greater probability that the plaintiff’s […]

They Don’t Have to Be True, Just “Truthy”: Civil Restraining Order Allegations and the “Burden of Proof”

May 6, 2014

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“Preponderance of the evidence, also known as balance of probabilities, is the standard required in most civil cases. […] “The standard is met if the proposition is more likely to be true than not true. Effectively, the standard is satisfied if there is greater than 50 percent chance that the proposition is true.” —Wikipedia, “Legal […]