Moral Certainty

This expression has been introduced into our jurisprudence from the publicists and metaphysicians, and signifies only a very high degree of probability.

118 Mass. 23.

That degree of certainty which will justify a jury in grounding on it their verdict. It is only probability; but it is called "certainty," because every sane man assents to it necessarily, from a habit produced by the necessity of acting. Nothing else but a strong presumption grounded on probable reasons, and which very seldom fails and deceives us. Puflendorff, Law Nat. bk.

1, c. 2, § 11.

A reasonable and moral certainty; a certainty that convinces and directs the understanding, and satisfies the reason and judgment, of those who are bound to act conscientiously upon it. A certainty beyond a reasonable doubt. Shaw, C. J., Com. v. Webster, Bemis., Report of the trial, 469, 470. Such a certainty "as convinces beyond all reasonable doubt."

Parke, B., Best, Pres. 257, note; 6 Rich. Eq. (S. C.) 217.