Rule 133 Weight and Sufficiency of Evidence Flashcards
Section 1. Preponderance of evidence, how determined
In civil cases, the party having the burden of proof must establish his or her case by a preponderance of evidence. In determining where the preponderance or superior weight of evidence on the issues involved lies, the court may consider all the facts and circumstances of the case, the witnesses’ manner of testifying, their intelligence, their means and opportunity of knowing the facts to which they are testifying, the nature of the facts to which they testify, the probability or improbability of their testimony, their interest or want of interest, and also their personal credibility so far as the same may legitimately appear upon the trial. The court may also consider the number of witnesses, though the preponderance is not necessarily with the greater number.
Section 2. Proof beyond reasonable doubt
In a criminal case, the accused is entitled to an acquittal, unless his or her guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof as, excluding possibility of error, produces absolute certainty. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind.
Section 3. Extrajudicial confession, not sufficient ground for conviction
An extrajudicial confession made by an accused shall not be sufficient ground for conviction, unless corroborated by evidence of corpus delicti.
Section 4. Circumstantial evidence, when sufficient
Circumstantial evidence is sufficient for conviction if:
(a) There is more than one circumstance;
(b) The facts from which the inferences are derived are proven; and
(c) The combination of all the circumstances’ is such as to produce a conviction beyond reasonable doubt.
Inferences cannot be based on other inferences.
Section 5. Weight to be given opinion of expert witness, how determined
In any case where the opinion of an expert witness is received in evidence, the court has a wide latitude of discretion in determining the weight to be given to such opinion, and for that purpose may consider the following:
(a) Whether the opinion is based upon sufficient facts or data:
(b) Whether it is the product of reliable principles and methods:
(c) Whether the witness has applied the principles and methods reliably to the facts of the case: and
(d) Such other factors as the court may deem helpful to make such determination.
Section 6. Substantial evidence
In cases filed before administrative or quasi-judicial bodies, a fact may be deemed established if it is supported by substantial evidence, or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.
Section 7. Power of court to stop further evidence
The court may stop the introduction of further testimony upon any particular point when the evidence upon it is already so full that more witnesses to the same point cannot be reasonably expected to be additionally persuasive. This power shall be exercised with caution.
Section 8. Evidence on motion
When a motion is based on facts not appearing of record, the court may hear the matter on affidavits or depositions presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.
