Monday, February 02, 2015

prima facie, Preponderant evidence

In order to establish a prima facie case of retaliation in the context of an otherwise appealable action, the appellant must show by preponderant evidence that he or she made a protected disclosure and that the disclosure was a contributing factor in a personnel action against him or her. 

 Prima facie means that a party produces evidence that – unless rebutted – is sufficient to prove a particular proposition or fact.  

Preponderant evidence means that degree of relevant evidence that a reasonable person, considering the record as a whole, would accept as sufficient to find that a contested fact is more likely to be true than untrue. 

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