Research – Weight regarding Proof
Preponderance of the evidence is not evidence to a “moral certainty” or “clear and convincing evidence.” As a standard of proof, “preponderance of the evidence” means that the facts asserted by the plaintiff are more probably true than false. Pelep v. Mai Xiong Inc., 21 FSM R. 182, 187 (Pon. 2017).
Facts – Burden regarding Facts
If the plaintiff’s evidence is more convincing than that which defendant offers in opposition, then the plaintiff has met its burden of showing that the facts for which it contends are more probably true than false. If, on the other hand, the plaintiff’s evidence is less convincing than that offered in opposition, then the defendant’s version of events is the more likely, and the plaintiff fails to meet its burden of proof. Pelep v. Mai Xiong Inc., 21 FSM R. 182, 187 (Pon. 2017).
Torts – Carelessness
Because tort law is primarily state law, a negligence action will be governed by the substantive state law and the FSM Supreme Court’s duty is to try to apply the law the same way the highest state court would. Pelep v. Mai Xiong Inc., 21 FSM R. 182, 187 (Pon. 2017).
Torts – Negligence
For purposes of Pohnpei law, “negligence” is the failure to use such care as a reasonably prudent and careful person would use under similar circumstances.