 That in civil cases the affirmative of the issue must be proved, and when the evidence is contradictory the decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond reasonable doubt.  The Pacific Reporter - Page 1201903Full view - About this book
 | Law reports, digests, etc - 1915 - 976 pages
...WEIGHT AND CREDIBILITY — NUMBER OF WITNESSES. — The rule that when the evidence in a civil case is contradictory, the decision must be made according to the preponderance of evidence, contemplates that the court will be controlled by the weight of the evidence, as indicated... | |
 | Guam, John A. Bohn - Civil procedure - 1970 - 528 pages
...ought to be viewed with distrust, and the evidence of the oral admissions of a party with caution. 5. That in civil cases the affirmative of the issue...decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond reasonable doubt. 6. That evidence... | |
 | California. Supreme Court - Law reports, digests, etc - 1906 - 978 pages
...ought to be viewed with distrust, and the evidence of the oral admissions of a party with caution; "5. That in civil cases the affirmative of the issue...decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond a reasonable doubt ; "6. That evidence... | |
 | California. Supreme Court - Law reports, digests, etc - 1906 - 810 pages
...entitled to an acquittal." By section 2061, subdivision 5, of the Code of Civil Procedure, it is provided: "That in civil cases the affirmative of the issue...decision must be made according to the preponderance of evidence ; that in criminal cases guilt must be established beyond reasonable doubt." We premise what... | |
 | New York (State). Commissioners of the Code, David Dudley Field - Admiralty - 1998 - 3652 pages
...of an accomplice ought to be viewed with distrust, and the oral admissions of a party with caution : 5. That in civil cases the affirmative of the issue...decision must be made according to the preponderance of evidence ; that in criminal cases, guilt must be. established beyond reasonable doubt ; 6. That evidence... | |
 | California - Civil procedure - 1925 - 608 pages
...ought to be viewed with distrust, and the evidence of the oral admissions of a party with caution ; 5. That in civil cases the affirmative of the issue...decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond reasonable doubt; 6. That evidence... | |
 | California. Supreme Court - Law reports, digests, etc - 1906 - 812 pages
...has not been changed by section 2061 of the Code of Civil Procedure, which provides, in subdivision 5, " that in civil cases the affirmative of the issue...decision must be made according to the preponderance of evidence." This but affirms the general rule at common law, and does not abrogate the exception stated... | |
 | Law reports, digests, etc - 1912 - 980 pages
...court as a whole is free from prejudicial error because at the outset the court instructed the jury that "in civil cases the affirmative of the issue...decision must be made according to the preponderance of evidence." "That a person is innocent of crime or wrong" (Code Civ. Proc., sec. 1963, subd. 1) is a... | |
 | Medicine - 1886 - 842 pages
...and experience possessed by those of ordinary experience, learning and skill in the same profession. In civil cases the affirmative of the issue must be...decision must be made according to the preponderance of evidence. The burden is upon plaintiffs to prove the negligence alleged in their complaint: that is,... | |
 | Law - 1882 - 1254 pages
...(Section 2061) provides : "That in civil cases the affirmative of the issue must be proved, and where the evidence is contradictory the decision must be made according to the preponderance of testimony." A mere preponderance of testimony is all that is required to prove the affirmative of an... | |
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