clear and convincing evidence


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clear and convincing evidence

n. evidence that proves a matter by the "preponderance of evidence" required in civil cases and beyond the "reasonable doubt" needed to convict in a criminal case. (See: beyond a reasonable doubt)

References in periodicals archive ?
171) Missouri required that the guardians demonstrate the incompetent's wishes by clear and convincing evidence, and the Court upheld this heightened standard by weighing the interest in the "protection and preservation of human life" against mistakenly terminating the surrogate's life.
Ohio: Beginning with the 1999 tax year, all corporations are required to add back to Federal taxable income interest and intangible expenses/costs paid to specified related members, unless the corporation: (1) establishes by clear and convincing evidence that the adjustments are unreasonable; (2) establishes by a preponderance of the evidence that, during the same tax year, the related member paid or accrued the expense to an unrelated person and the transaction did not have as a principal purpose the avoidance of tax; or (3) agrees in writing with the commissioner to the use of alternative adjustments; see HB 215, Laws 1997; Ohio Rev.
The Maryland statute also required a plaintiff to prove by clear and convincing evidence that the harm was the result of actual malice or fraud before punitive damages could be awarded and required a separate trial on punitive damages issues.
Weinstock's position is supported by the American Bar Association, which since 1984 has recommended the adoption of the clear and convincing evidence standard to attorney disciplinary proceedings.
The IRS still has the initial burden of proving fraud by clear and convincing evidence, a higher burden of proof than that imposed on the taxpayer.
Do you find by clear and convincing evidence that defendant Simpson committed malice in the conduct upon which you base your finding of liability for battery against Ronald Goldman.
Since the Court has already concluded that infringement exists, it is now up to Computer Motion to try to demonstrate at trial what it could not demonstrate by motion, namely that our 984 patent is somehow invalid or unenforceable by clear and convincing evidence.
Alsup found clear and convincing evidence that Aptix Chairman and CEO Amr Mohsen, named inventor of U.
In the civil trial, at which only monetary damages are at stake, the burden is a preponderance of the evidence, but in the custody battle, the burden is much higher, requiring clear and convincing evidence.
BUSINESS WIRE)--July 3, 1996--Ruling that "no reasonable jury could find that there was clear and convincing evidence that Aetna's conduct was outrageous," an Alaska federal judge has dismissed a $16.
The jurists went on to say that ``the juvenile court must first determine by clear and convincing evidence whether the child must be removed from the parent(s) .
Judge Janet Kenton-Walker issued a nine-page decision Wednesday in Worcester Superior Court in which she found that prosecutors had met their burden of presenting clear and convincing evidence that 26-year-old Gregory J.