Law and Ethics of Journalism

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Preponderance of evidence

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Law and Ethics of Journalism

Definition

Preponderance of evidence is a legal standard used in civil cases, meaning that one side's evidence is more convincing than the other. This standard is less stringent than 'beyond a reasonable doubt,' requiring only that the evidence shows that something is more likely true than not. In the context of defamation cases, this concept ties into defenses like truth and the actual malice standard applied to public figures.

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5 Must Know Facts For Your Next Test

  1. In civil cases, the preponderance of evidence means that the claim is more likely true than false, typically represented as 51% certainty.
  2. The preponderance standard allows defendants to win cases simply by showing that the evidence against them is not sufficiently convincing.
  3. Truth as a defense in defamation cases relies heavily on the preponderance of evidence standard, where demonstrating the truth of a statement can exonerate a defendant.
  4. Public figures have a higher burden when it comes to proving defamation; they must show actual malice under the preponderance of evidence standard.
  5. In legal disputes, establishing preponderance of evidence can often pivot on credibility assessments and the weight of witness testimonies.

Review Questions

  • How does the preponderance of evidence standard influence the outcomes of civil defamation cases?
    • In civil defamation cases, the preponderance of evidence standard plays a crucial role in determining liability. Since it requires that the evidence be more convincing than not, a plaintiff must effectively demonstrate that their claims are more likely true than false. This means that if a defendant can present evidence that casts doubt on the plaintiff's claims or supports an alternative narrative, they may prevail in court even if the plaintiff's claims seem plausible.
  • Discuss how truth functions as a defense in light of the preponderance of evidence standard in defamation claims.
    • Truth serves as an absolute defense in defamation claims, which aligns closely with the preponderance of evidence standard. If a defendant can establish that their allegedly defamatory statement is true, they can successfully defend against the claim, shifting the focus onto whether the plaintiff can meet their burden. This dynamic emphasizes how vital it is for plaintiffs to gather convincing evidence supporting their assertions to overcome this defense.
  • Evaluate how the concept of preponderance of evidence interacts with the actual malice standard for public figures in defamation lawsuits.
    • The interaction between preponderance of evidence and the actual malice standard presents a complex landscape for public figures in defamation lawsuits. Public figures face a heightened standard that requires them to prove not only that statements are false but also that they were made with actual malice—knowing they were false or acting with reckless disregard for the truth. This means public figures must gather compelling evidence under the preponderance standard to establish both elements, making it more challenging for them to succeed in such cases compared to private individuals.
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