Second, subjective conjecture by judges is prohibited.
Third, when using a high probability standard to decide cases, the basis for the decision must reach a convincing level of certainty.
Fourth, when determining cases based on a high probability standard, it is not permissible to rule based on only a slight advantage in evidence.
Fifth, the principle of high probability as a standard of proof requires that the ultimately accepted evidence be mutually corroborative, forming a complete chain of evidence that leads to a singular, definitive conclusion.
Its application is quite strict, and average lawyers simply cannot handle such lawsuits.
Take, for example, a famous theory: "If you didn't knock them down, why would you help them up?" This is a clear case of subjective conjecture and cannot be used as a standard for judgment in cases relying on high probability.
