• 2000 - Burden of Proof - Greater Weight of the Evidence
  • C-1.40
    • Burden Of Proof
    • Introductory Instructions
    • Introductory Instructions

  • The essential elements of a claim or an affirmative defense must be proven by the greater weight of the evidence.

     

    Evidence is of greater weight if, when considered and compared with that opposed to it, it is more persuasive and convinces you that what a party seeks to prove is more likely true than not true.

    • Benzmiller v. Swanson, 117 NW2d 281 (ND 1962)
    • Helbling v. Helbling, 541 NW2d 443 (ND 1995)
    • Midland Oil & Royalty Co. v. Schuler, 126 NW2d 149
    • Power Fuels, Inc. v. Elkin, 283 NW2d 214 (ND 1979)
    • Steckler v. Steckler, 492 NW2d 76 (ND 1992)
  • Notes: (2004 - reviewed with no changes) See Appendix BP for a list of actions requiring the greater weight of the evidence.