Preponderance, Probability and Warranted Factfinding

Authors

Vern R. Walker, Maurice A. Deane School of Law at Hofstra UniversityFollow

Document Type

Article

Publication Title

Brooklyn Law Review

Publication Date

1996

Abstract

This Article explores what it means for a factual determination to be "warranted by a preponderance of the evidence," the traditional formulation of the standard of proof in civil litigation. Courts have interpreted this standard as meaning that the party having the burden of persuasion on a proposition must prove that the proposition is "more probably true than false." It is also said that the "weight" or "convincing force" of the evidence in favor of the proposition must be "greater than" the weight of evidence tending to establish the assertion's falsehood.

Recommended Citation

Vern R. Walker, Preponderance, Probability and Warranted Factfinding, 62 Brook. L. Rev. 1075 (1996)
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/549