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This is not a primer on legal terms. Information contained here consists of generally encountered basic terms.
CIVIL RIGHTS. Rights given, defined, and specified by positive laws enacted by civilized communities. (Civil Liberties are immunities from governmental interference.)
DISCOVERY. Pretrial procedure. Information about information is obtained from the adverse party. Disclosure of information to the opposing side.
EXCULPATORY. Evidence or statements excusing the defendant from guilt; or justifing the defnendant's actions.
BURDEN OF PROOF. The duty of a party to substantiate allegation so that charges are not dismissed. Depending upon the type of case, the proof of proof may require: a preponderance of the evidence; clear and convincing evidence; or evidence beyond a reasonable doubt; in order to substantiate an allegation.
WEIGHT OF EVIDENCE. The weight of the evidence refers to the strength of the evidence necessary to make a legal finding. Generally it is considered to have three levels.
1. Preponderance of Evidence. This is the lowest or weakest level of proof needed to make a finding. It is similar to saying "more likely than not" or "slightly better than chance." The Trier(s) of Fact need only to about 55% certain.
2. Beyond Reasonable Doubt. Trier of fact must decide that the evidence is clear-cut in the direction of their decision. Informally defined as 75-80% certain.
3. Clear and Convincing. Trier of the fact must decide that the evidence is virtually certain or without any reasonable doubt. Informally defined as 90-95% certain.
Weight of evidence varies between laws and, to some degree, between jurisdictions. Typically more serious charges or crimes require a higher level of weight in order to convict.
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