Evaluating the Evidence Attempts to assign mathematical certainty to a subjective process may have questionable value, but it highlights that the trier of fact only has to be more convinced by one side’s evidence, not overwhelmed. Some authority likens the process to putting each side’s evidence on a scale. If it tilts ever so slightly in one side’s favor, that party will win, but if equally balanced, the plaintiff loses. One court in its instructions to juries asserts that the decision depends on the quality, not the quantity, of the evidence. Another court instructs juries to take into consideration factors such as the following is assessing the credibility of witnesses: Whether the witness has an interest in the outcome of the case.The reasonableness and believability of the witness’s testimony.Contradictions or inconsistencies (or changes from a deposition) in the testimony.The witness’s demeanor, candor, and willingness to answer the questions. The trier of facts is the one that determines the weight, effect, and value of any evidence and the credibility of any witnesses. All evidence on a fact or issue should be considered.
Posted on: Sun, 14 Jul 2013 07:18:00 +0000
Trending Topics
Recently Viewed Topics
© 2015