|
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 persons 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. |