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Encyclopedia > Clear and convincing

Clear and convincing evidence is the intermediate level of burden of persuasion sometimes employed in the civil procedure. In order to prove something by "Clear and convincing evidence" the party with the burden of proof must convince the trier of fact that it is substantially more likely than not that the thing is in fact true. This is a lesser requirement than "proof beyond a reasonable doubt" which requires that the trier of fact be all but certain of the truth of the matter asserted, but a stricter requirement than proof by "preponderance of the evidence," which merely requires that the matter aserted seem more likely true than not. The Burden of Persuasion in a debate or trial is the requirement that those arguing against the status quo must demonstrate that a problem exists. ... Civil procedure is the written set of rules that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules explain how a lawsuit must be commenced, what kind of service of process is required, the types of pleadings, motions, and... Burden of proof is the obligation to prove allegations which are presented in a legal action. ... A trier of fact is the person or group of persons in a trial who make findings of fact as opposed to rulings of law. ... Beyond a reasonable doubt is the highest level of burden of persuasion typically employed in the criminal procedure. ... Preponderance of the evidence is the level of burden of persuasion typically employed in the civil procedure. ...


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  Results from FactBites:
 
1.19 BURDEN OF PROOF - CLEAR AND CONVINCING EVIDENCE (1062 words)
Clear and convincing evidence is evidence that produces in your minds a firm belief or conviction that the allegations sought to be proved by the evidence are true.
The clear and convincing standard of proof requires that the result shall not be reached by a mere balancing of doubts or probabilities, but rather by clear evidence which causes you to be convinced that the allegations sought to be proved are true.
Clear and convincing establishes a standard of proof falling somewhere between the traditional standards of "preponderance of the evidence" and "beyond a reasonable doubt." It is an exception to the rule requiring proof by a preponderance of the evidence in civil cases and proof beyond a reasonable doubt in criminal cases.
Clear and Convincing Evidence (198 words)
Clear and convincing evidence of the person’s actual wishes is the highest standard of evidence that may be required in substituted judgments.
The clear and convincing evidence standard is used in civil cases (including some health law cases) and is less stringent than the "beyond the reasonable doubt" standard used in criminal law.
It is up to individual states to decide whether or not to require clear and convincing evidence in proceedings where a guardian seeks to discontinue life-sustaining treatment for a permanently unconscious or otherwise incompetent person.
  More results at FactBites »


 
 

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