Practice question
In a contract case governed by ordinary preponderance, the judge finds the plaintiff's reliable evidence on the essential facts more persuasive than the defendant's, but dismisses solely because some theoretical possibility of error remains. Which is correct?
- Every civil case requires elimination of every possible error
- The plaintiff must always meet the criminal standard
- Any theoretical uncertainty defeats all civil proof
- The court must apply preponderance rather than require absolute certainty
- The court must ignore the defendant's evidence entirely
Legal references
- https://lawphil.net/courts/rules/pdf/am_19-08-15-sc_2019.pdf — A.M. No. 19-08-15-SC, current Rules 128 §3, 130 §§21–22, 131 §1, 133 §§1–2,4–6.
- https://lawphil.net/judjuris/juri2013/dec2013/gr_182356_2013.html — Dela Llana v. Biong, G.R. No. 182356, December 4, 2013, MAIN decision (evidentiary facts, ultimate fact, and admissibility versus weight).
Answer this question in flashcards to review your response and continue practicing.