Also known as: more-or-less · approximately · circa
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An evidentiary standard assessing whether proffered proof tends to alter the likelihood of a disputed fact. The standard is satisfied when the evidence increases or decreases the probability of the fact compared to its probability without the evidence.
An evidentiary standard assessing whether proffered proof tends to alter the likelihood of a disputed fact. The standard is satisfied when the evidence increases or decreases the probability of the fact compared to its probability without the evidence.
Select any source to read its text and confirm it supports the definition.
A contractual qualifier indicating that a stated quantity is approximate. Minor variations from the stated amount do not give rise to liability for surplus or deficiency.
Select any source to read its text and confirm it supports the definition.
A contractual qualifier indicating that a stated quantity is approximate. Minor variations from the stated amount do not give rise to liability for surplus or deficiency.
Each sense below has its own examples, sources, and questions.
Prosecutors introduce records showing that defendant Monica Morgan had previously falsified shipping logs at Marathon Logistics. The records make it more probable that Morgan knowingly altered the disputed manifest in the current prosecution. The court admits the evidence under the relevance standard because it shifts the probability of the key fact.
A trustee publishes notice of a trust accounting in a local newspaper rather than mailing it to known beneficiaries. The publication makes it more or less likely that distant beneficiaries received actual notice of the proceeding. The court evaluates whether the method satisfies due process by considering the probability that the chosen form reached interested parties.
Plaintiffs offer statistical evidence that a zoning decision disproportionately affected minority applicants. The data makes it more or less probable that the village acted with discriminatory purpose. The court weighs whether the disparity shifts the likelihood of the constitutional claim enough to survive summary judgment.
A city presents economic development studies showing that transferring land to a private developer will increase tax revenue. The studies make it more or less probable that the taking serves a public purpose. The court assesses whether the evidence sufficiently alters the probability of a valid public use finding.
A state offers medical testimony that a fetus is viable at twenty-four weeks. The testimony makes it more or less probable that the state's asserted interest in potential life is compelling at that stage. The court evaluates whether the evidence shifts the probability enough to support the regulatory scheme.
A plaintiff serves process on a nonresident defendant who owns property in the forum state. The ownership makes it more or less probable that the defendant has sufficient contacts to support personal jurisdiction. The court determines whether the fact alters the probability of jurisdiction under traditional principles.
The test requires only that the evidence have any tendency to shift probability. It need not make the fact certain or even more likely than not. Courts admit evidence that slightly increases or decreases probability provided the fact is of consequence in the action.
Supporting sources
Yes. Relevance under the probability test is necessary but not sufficient. The evidence may still be excluded under other rules such as unfair prejudice, hearsay, or constitutional prohibitions.
Supporting sources
The phrase protects against liability only for minor or slight variations that a reasonable person would expect given the qualifier. Substantial shortages may still support a claim if they exceed the tolerance implied by the phrase.
Supporting sources
…The Court has recognized that some state regulation in areas protected by that right is appropriate. Pp. 154-155. (c) Prior to approximately the first trimester of pregnancy the attending physician, in consultation with his patient, is free to determine, without regulation by the State, that, in his medical judgment, the…