Weight of Evidence

• Author: Jeffrey Lehman, Shirelle Phelps

Page 324

Measure of credible proof on one side of a dispute as compared with the credible proof on the other, particularly the PROBATIVE evidence considered by a judge or jury during a trial.

The trier of fact in a civil or criminal trial, whether a judge or a jury, must review the evidence presented, evaluate it, and determine if it meets the standard of proof. If it meets this standard, the trier of fact must return a verdict in favor of the plaintiff in a civil suit and must convict a defendant in a criminal trial. If the evidence does not meet the standard of proof, the trier of fact must find for the defendant in a civil or criminal case. These decisions are based on the concept of the "weight of evidence."

The weight of evidence is based on the believability or persuasiveness of evidence. The probative value (tending to convince a...