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  • Writer's pictureLandon Stinson

401.3 GREATER WEIGHT OF THE EVIDENCE (Florida Standard Jury Instruction)

401.3 GREATER WEIGHT OF THE EVIDENCE


“Greater weight of the evidence” means the more persuasive and convincing force and effect of the entire evidence in the case.


NOTES ON USE FOR 401.3


1. Greater or lesser number of witnesses. The committee recommends that no instruction be given regarding the relationship (or lack of relationship) between the greater weight of the evidence and the greater or lesser number of witnesses.


2. Circumstantial evidence. The committee recommends that no instruction generally be given distinguishing circumstantial from direct evidence. See Nielsen v. City of Sarasota, 117 So.2d 731 (Fla. 1960).


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