Scintilla of Evidence Law and Legal Definition

Scintilla of evidence has been defined as “a mere spark, gleam, glimmer, i.e., the smallest trace, of evidence in support of a plaintiff's claim.” Substantial evidence, on the other hand has more probative value. Substantive evidence is defined as “more than a scintilla, i.e., evidence that must do more than create a suspicion of the existence of the fact to be established.” [Foote v. Chater, 67 F.3d 1553, 1560 (11th Cir. 1995)]. Substantial evidence is “less than a preponderance, but rather such relevant evidence as a reasonable person would accept as adequate to support a conclusion.” [Harris v. Comm'r of Soc. Sec., 330 Fed. Appx. 813, 814 (11th Cir. Fla. 2009)]

The scintilla evidence rule states that if there is so much as “a mere gleam, glimmer, spark, the least particle or the smallest trace of evidence” supporting an inference, then the issue must be submitted to the jury.” [Hayes v. Luckey, 33 F. Supp. 2d 987 (N.D. Ala. 1997)]