standard of proof


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standard of proof

in criminal cases this denotes BEYOND REASONABLE DOUBT; in civil cases, the BALANCE OF PROBABILITIES.
References in periodicals archive ?
There are, therefore, good reasons to guide important decisions implicating state power by establishing a specific standard of proof.
First, this Part distinguishes the standard of proof, which is the
Indeed, by providing obscure instructions only at the end of oral trials, the law seems determined to encourage overall consideration and to discourage applying the standard of proof element-by-element.
If that is not enough, Cordery on Solicitors, the bible for governance of the profession, states that, in cases of gravity, the standard of proof in determining any issue of fact against a solicitor is the criminal standard.
34) Purporting to defer to the intent of the legislature, the Court found itself "in no position to judge the comparative force of [the] policy arguments" for and against maintaining the clear and convincing standard of proof, holding that "[a]ny re-calibration of the standard of proof remains in [Congress's] hands.
Dr Hamish Meldrum, chairman of the British Medical Association, said: "If a doctor is at risk of losing their livelihood then surely nothing less than the current criminal standard of proof will do.
In one case, the Court clearly legislated from the bench in order to determine the standard of proof required under an insurance fraud related statute.
The standard of proof is not beyond a reasonable doubt, it is probable cause.
But then other juries operating on the lower standard of proof of civil trials found them responsible for the deaths.
The legislation also restricts the government's powers, requiring a higher standard of proof for investigators to demand business records, greater judicial oversight, and increased reporting to Congress on antiterrorism operations and limits on roving wiretaps.
In the future, it is likely a taxpayer will be held to a higher standard of proof if an actual binding contract is absent.
Thus, commentators who are interested in raising the amount of certainty jurors have in the defendant's guilt in capital cases have unanimously called for a standard of proof above beyond a reasonable doubt.

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