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Topic: Balance of probabilities

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	Balance - definition from Biology-Online.org
		Another form is that of the roman balance, our steelyard, consisting of a lever or beam, suspended near one of its extremities, on the longer arm of which a counterpoise slides.
		balance electrometer, a kind of balance, with a poised beam, which indicates, by weights suspended from one arm, the mutual attraction of oppositely electrified surfaces.
		balance valve, a valve whose surfaces are so arranged that the fluid pressure tending to seat, and that tending to unseat the valve, are nearly in equilibrium; especially, a puppet valve which is made to operate easily by the admission of steam to both sides.
	www.biology-online.org /dictionary/Balance (439 words)

	Canada, R. v. Keegstra
		If, as in this case, an accused is required to prove some fact on a balance of probabilities to avoid conviction, the impugned provision violates the presumption of innocence because it permits a conviction in spite of a reasonable doubt in the mind of the trier of fact as to the guilt of the accused.
		By requiring the accused to prove that his statements are true on a balance of probabilities, Parliament made a concession to the importance of truth in freedom of expression values without excessively compromising the effectiveness of s.
		When an accused is required to prove some fact on a balance of probabilities to avoid conviction, the provision violates the presumption of innocence because it permits a conviction in spite of a reasonable doubt in the mind of the trier of fact as to the guilt of the accused.
	www.hrcr.org /safrica/limitations/r_keegstra.html (3482 words)

	Canada, R v. Chaulk
		Section 16(4) therefore violates the presumption of innocence because it permits a conviction in spite of a reasonable doubt in the mind of the trier of fact as to the guilt of the accused.
		The burden on the accused is not the full criminal burden; rather, the accused is required to prove his insanity on a balance of probabilities.
		The presumption of sanity requires the accused to establish his insanity on a balance of probabilities.
	www.hrcr.org /safrica/arrested_rights/chaulk.html (1700 words)

	Harmless error - Wikipedia, the free encyclopedia
		A harmless error is a mistaken evidentiary ruling of a trial judge that, although clearly mistaken, does not meet the burden for a losing party to reverse the original decision of the trier of fact on appeal, or to warrant a new trial.
		The general burden when arguing that evidence was improperly excluded or included is to show that the proper ruling by the trial judge may have, on the balance of probabilities, resulted in the opposite determination of fact.
		A harmless error is usually one where the evidence had no relevance to the issues to be decided by the trier of fact, evidence admitted actually helped the party seeking the reversal, or the remaining evidence was overwhelmingly against the party seeking reversal.
	en.wikipedia.org /wiki/Harmless_error (280 words)

	OUP Companion web site: Updates to Part B: LIABILITY
		In the majority, Lord Hoffman and Baroness Hale held that the consequences of the delay had to be decided on the balance of probabilities, a basic rule of the proof of causation of damage.
		From the outset it was probable that Mr Gregg would not survive, and they argue that it is not legitimate in clinical negligence to make a claim for the loss of a small chance in order to circumvent the requirement for proof of causation on the balance of probabilities.
		As a result of this decision, where negligence in clinical treatment results in a poorer outcome for the patient, the facts are to be decided on the balance of probabilities.
	www.oup.com /uk/booksites/content/0199275718/liability (1829 words)

	Family abuse - National - www.theage.com.au
		On the balance of probabilities - the normal test in a civil court - the judge ruled that he was not satisfied that the father had abused the child.
		In endorsing this approach the High Court departed from English practice where a father found, on the balance of probabilities, not to have abused a child can continue to have access; and from the practice of the children's and youth courts of the Australian states, which decide abuse cases on the balance of probabilities.
		At the trial the standard of proof is not beyond reasonable doubt; not on the balance of probabilities; but lingering doubts in the mind of the judge.
	www.theage.com.au /articles/2005/03/17/1110913724860.html?oneclick=true (6628 words)

	Five defeats for anti-terror bill
		Mr Blair said he would not agree to changing the burden of proof for a control order to be imposed from "reasonable suspicion" of involvement with terrorism to "balance of probability".
		The key objections were that judges, not politicians, should impose control orders, that the bill should be seen as a temporary measure due to lapse in November, and that the burden of proof should change from "reasonable suspicion" to balance of probabilities.
		The Lib Dems also want the burden of proof to be on the "balance of probabilities" and also for suspects to be told what the charges against them are.
	www.infowars.com /articles/ps/uk_terror_bill_5_defeats.htm (875 words)

	Quantum of Damages
		Although this statement was made in the context of future loss, the standard of proof is the same regardless of the type of loss suffered.
		The claimant is entitled to be placed (so far as money can do it and within reason) in the position he would (on balance of probabilities) have been in but for the breach (sometimes referred to as the measure of damages (6.3)).
		Expressed differently, the claimant is entitled to recover the amount which he has, on the balance of probabilities, suffered as a result of the breach, that is, the amount which can be reasonably inferred/assessed from the evidence (6.4).
	www.stewartdunn.com /assessment/quantum (579 words)

	Skyways Enterprises v. Templeman NZ HC 13 August 2004
		The balance of US$22,563 was retained by the respondent, who claimed that she was entitled to that sum, in respect of a number of items.
		I consider that the appellant was required, on the balance of probabilities, to prove that the respondent was not entitled to make the deductions which she had made.
		In terms of her authority as she understood it, she returned the balance as she calculated it to the plaintiff within a reasonable time bearing in mind banking and communication difficulties (of the defendant with Mr Jakobsen) in achieving that refund.
	www.ucc.ie /ucc/depts/law/restitution/archive/newzcases/skyways.htm (3659 words)

	Waine v Motor Vehicles Insurance (PNG) Trust [1993] PNGLR 446 (19 February 1993)
		I am satisfied that the driver was, on the balance of probabilities, the negligent party here in his handling of the vehicle.
		This would be balanced by the fact that, having three wives, much of the basic necessities of food would have been provided by the wives.
		The balance of K10,407.66 is to be paid to the Registrar to be invested as to K3,469.22 for each of the three children, Yuale, Kua and Bomaigi, until they respectively attain the age of 18 years.
	www.worldlii.org /pg/cases/PNGLR/1993/446.html (1978 words)

	2.13.5.2.2 Balance of Probabilities (via CobWeb/3.1 planetlab2.tamu.edu) (Site not responding. Last check: 2007-10-25)
		Of course, "the balance of probabilities" test applies because an examiner need only be "satisfied" according to the civil law standard.
		This civil test requires an examiner to weigh up all the material before them and decide, on balance, whether a claimed invention is "more likely than not" to be novel and inventive (or innovative).
		In response to an examiner's objection, the applicant can provide submissions or evidence that can shift the balance of probabilities in their favour.
	www.ipaustralia.gov.au.cob-web.org:8888 /pdfs/patentsmanual/WebHelp/national/examination/2.13.5.2.2_balance_of_probabilities.htm (355 words)

	balance - Definitions from Dictionary.com
		in the balance, with the outcome in doubt or suspense: While the jury deliberated, his fate rested in the balance.
		A "pair of balances" is a symbol of justice and fair dealing (Job 31:6; Ps.
		Example: She balanced the jug of water on her head; The girl balanced on her toes.
	dictionary.reference.com /browse/balance (1675 words)

	EDITORIAL: "Balance of probabilities" vs. due process (07/21/02)
		While Ukrainians in the United States have watched the Demjanjuk case unfold over the years, indeed for decades (see story on page 3 for the latest developments), Ukrainians in Canada are closely watching the case of Wasyl Odynsky, a displaced person who arrived in Canada in 1949.
		In his decision Justice MacKay wrote, "After careful consideration of the evidence presented, on a balance of probabilities it is more probable than not Mr.
		But, on 'a balance of probabilities,' the judge ruled Mr.
	www.ukrweekly.com /Archive/2002/290216.shtml (502 words)

	www.mineweb.net \| radio \| mineweb radio Paul Walker CEO of GFMS on the gold market (Site not responding. Last check: 2007-10-25)
		And as is always the case of calling the gold price, or any price for that matter, you are working on the balance of probabilities.
		But on the balance of probabilities we still believe that gold has still got some significant upside potential.
		At the moment gold, as with most commodities, in fact probably all commodities, is driven by investment, It’s not driven because there is a shortfall between supply and the actual users of a commodity.
	www.mineweb.net /radio/mineweb_radio/304301.htm (1363 words)

	Death in absentia - Wikipedia, the free encyclopedia
		In most common law and civil code jurisdictions, it is usually necessary to obtain a court order directing the registrar to issue a death certificate in the absence of a physician's certification that an identified individual has died.
		However, if there is circumstantial evidence which would lead a reasonable person to believe that the individual is deceased on the balance of probabilities, jurisdictions may agree to issue death certificates without any such order.
		Most countries have a set period of time (seven years in many common law jurisdictions) after which an individual is presumed to be dead if there is no evidence to the contrary.
	en.wikipedia.org /wiki/Death_in_absentia (540 words)

	Will Invalid On Balance of Probabilities - Peter Peter and WrightSolicitors
		The question before the court was whether, on the balance of probabilities, the woman had testamentary capacity when she signed the will.
		This means whether she knew the contents of the will and understood the effect of it on the day that she signed it.
		The High Court judged that it would be unsafe to conclude on the balance of probabilities that the woman had testamentary capacity when she made the will and accordingly the earlier will stood.
	www.peterslaw.co.uk /cms/catsection/will_invalid_on_balance_of_probabilities (382 words)

	Copping A Profit: Civil Forfeiture In The U.S. Led To Police Profiteering And The Miscarriage Of Justice
		It faced only the requirement of meeting a civil (balance of probabilities) standard, and could be reassured that it had already worn down the owner's resources and therefore his ability to defend himself.
		This is supplemented by the use of drug-sniffing dogs that pick up traces of cocaine on currency, thereby establishing probable cause (this despite the fact that tests have shown 80 to 93 per cent of U.S. currency carries enough drug residue, a minuscule amount, for dogs to pick up.
		Although police can still seize on "probable cause," at least the government may in the future actually have to make a case -- on weak civil grounds -- before property is forfeited.
	www.commondreams.org /views/082900-105.htm (1346 words)

	balance
		He carried what he could and left the balance for his brother to bring.
		The balance of the blame is on your side.
		to balance all the probabilities of a situation.
	www.infoplease.com /dictionary/balance (463 words)

	Strictly Private - theage.com.au
		The documents listed a string of appeal points including that the judge erred in applying excessive caution in her assessment of the evidence and the weight of the evidence rather than making an assessment on the balance of probabilities.
		The appeal stated that the judge should have concluded on the balance of probabilities and on the whole of the evidence that Sidney Nolan gifted the three paintings to his wife, and had thereby passed property in the works to her.
		It said the judge should have concluded that the evidence - on the balance of probabilities - established that it was more likely than not that the painter had made a valid gift of the three paintings to Cynthia Nolan, and that the evidence had satisfied the requisite elements of donative intention.
	www.theage.com.au /articles/2003/05/28/1053801445332.html (891 words)

	Inuvialuit Final Agreement - Procedure for Claims, Mediation and Arbitration
		If the claim is not settled within that period, the claimant may forward his allegations in writing to the Arbitration Board for hearing and decision in accordance with section 18.
		13.(22)Where recourse is claimed pursuant to paragraph (18)(a) or (b), the onus is on the claimant to prove the loss on a balance of probabilities.
		The Arbitration Board shall take into account the priorities expressed by the claimant as to the nature of the compensation desired, but if it rules in favour of the claimant it must select the most reasonable type of compensation given the nature and extent of the loss.
	www.taiga.net /wmac/ifa/ifa_procedureforcmandarbitration.html (387 words)

	Brain Injury Lawyer Vancouver BC - Personal Injury - Webster & Associates - Brain Injury Resources
		If the evidence is evenly balanced on a compensation issue, WCAT must decide the issue in favour of the worker.
		The legal test is a civil burden of proof or balance or probabilities.
		For the balance of non-expedited cases the target for a decision is 6 months, including all of the information gathering process.
	www.braininjurylaw.ca /article_money.html (6701 words)

	Canadian Jewish News (Site not responding. Last check: 2007-10-25)
		Telegdi said that under the current system, no court has pronounced any suspects to be war criminals, merely that on the balance of probabilities, they misrepresented facts when they came to Canada.
		Hedy Fry, a member of the parliamentary committee, wrote a dissenting opinion, saying “revocation is not prosecution of a crime” and the standard should remain the civil “balance of probabilities” test.
		Echoing Fry’s dissenting view, she said the Supreme Court of Canada has ruled that the balance of probabilities is an appropriate standard in revocation cases.
	www.cjnews.com /viewarticle.asp?id=6679 (870 words)

	Hong Kong: Recent district court ruling on sex and family status discrimination (Site not responding. Last check: 2007-10-25)
		The burden was on the Plaintiff to prove discrimination on a balance of probabilities.
		Once the Plaintiff was able to show from the primary facts that inferences could be drawn from the circumstances that disclosed a possibility of discrimination, the Court would look to the employer for an explanation.
		Therefore, on a balance of probabilities, the Court was satisfied that the Plaintiff was dismissed on ground of her pregnancy and her family status.
	www.hg.org /articles/article_1230.html (582 words)

	NLH - Musculoskeletal - Compensating occupationally related tenosynovitis and epicondylitis: a literature review
		It focused particularly on evidence that might support compensation of these disorders ‘on the balance of probabilities’.
		This lead to the conclusion that compensation of occupational illness can be problematic for disorders that are not specific to work and for which there are no distinctive clinical features in occupationally related cases.
		Attribution can, however, be made on the balance of probabilities if there is convincing evidence that risk is at least doubled in an occupational group.
	www.library.nhs.uk /musculoskeletal/ViewResource.aspx?resID=212969 (165 words)

	Response to Dennis and Ray Brown
		The fact that the synoptic gospels claim to be written by the traditional authors has to be an indication of their authorship unless we can prove otherwise.
		To me, the balance of probability is that the synoptics have been ascribed to their real authors.
		No, the balance of probabilities is that Micah was writing about a place, not a person.
	www.webspawner.com /users/gf0401 (2225 words)

	TYPES OF EVIDENTIARY BURDENS
		Typically, most countries have two levels of proof: the balance of probabilities (BOP), called the preponderance of evidence in the US, beyond a reasonable doubt (commonly referred to as BARD), or just beyond reasonable doubt.
		Probable cause is a relatively low standard of proof, which is used in the United States to determine whether a search is warranted.
		Clear and convincing evidence is the intermediate level of burden of persuasion sometimes employed in the US civil procedure.
	www.webspawner.com /users/collielaw/typesofevidenti.html (1037 words)

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