Outweigh Legal Definition

Britannica English: Translation of outweigh for Arabic speakers These sample phrases are automatically selected from various online information sources to reflect the current use of the word „predominate“. The views expressed in the examples do not represent the views of Merriam-Webster or its editors. Send us your feedback. n. a rule of law that allows a court to presume that a fact is true until there is a predominance (greater weight) of the evidence that refutes or outweighs (rebuts) the presumption. Each conjecture is based on a specific set of obvious facts, associated with established laws, logic, reasoning, or individual rights. A presumption is rebuttable to the extent that it can be rebutted by factual evidence. Facts can be presented to convince the judge that the presumption is not true. Examples: a child born to a husband and wife is considered the husband`s natural child, unless there is conclusive evidence that this is not the case; A person who has disappeared and has not been heard for seven years is presumed dead, but the suspicions could be refuted if found alive; The accused is presumed innocent until proven guilty. They are sometimes called rebuttable presumptions to distinguish them from absolute, conclusive or irrebuttable presumptions when legal and logical rules dictate that there is no way to rebut the presumption.

However, if a fact is absolute, it is not real conjecture at all, but a certainty. Oxford Advanced American Dictionary predominant verb definition n. the greater weight of proof required in a civil (non-criminal) litigation for the trier of fact (jury or judge without jury) to decide in favour of one party or the other. This preponderance is based on the most convincing evidence and its probable veracity or accuracy, rather than on the amount of evidence. Thus, a clearly informed witness may provide a preponderance of evidence over a dozen witnesses with vague statements, or a signed agreement with certain conditions may outweigh opinions or speculation about what the parties wanted. A preponderance of evidence is required in a civil proceeding and contrasts with „beyond a reasonable doubt,“ which is the strictest standard of proof required for conviction in criminal proceedings. Regardless of what the definition indicates in various legal opinions, the meaning is somewhat subjective. „Predominates.“ Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/outweigh. Retrieved 13 November 2022. Find the answers online with Practical English Usage, your go-to guide to problems in English.

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