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Weight of the evidence

The degree to which evidence convinces triers of fact to either accept or reject a factual assertion.  Sometimes, the phrase refers to the strength of a single piece of evidence.  At other times, the phrase refers to the whole set of evidence presented on an issue, such that the overall weight of the evidence can be said to favor one side or the other.

 

"What weight to give competing testimony is a credibility issue, one properly left to the fact-finder.  It is not error to consider the fact that one expert has a doctorate, while another (here the one most favorable to claimant) does not.  This was only one factor in the decision to reject the claimant's expert's conclusion, anyway."