The appeals officer on the matter told Gubser that the IRS could prove willfulness by a preponderance of the evidence, but not by clear and convincing evidence
, and asked for guidance regarding the proper standard of proof.
While the scope of subject matter eligible for protection for prior users has changed, the requirement that the defense's elements be established by clear and convincing evidence
proof for establishing invalidity: (1) clear and convincing evidence
17) Because the S4 software was never submitted to the PTO examiner, Microsoft challenged i4i's proposed jury instruction that Microsoft was required to prove invalidity by clear and convincing evidence
However, Arizona, Colorado, and Florida require defendants to show mental retardation by clear and convincing evidence
, while Georgia requires defendants to demonstrate mental retardation beyond a reasonable doubt.
those penalties in their totality are more than the equivalent of punitive damages, which by statute must be proved by clear and convincing evidence
If you find that (defendant) committed the crime but you find by clear and convincing evidence
that the defendant was insane, as I have defined that term for you [begin strikethrough]have a reasonable doubt that [he] [she] was sane at that time[end strikethrough], then you should find [him][her] not guilty by reason of insanity.
It also allows the presumption to be overcome if "[t]here is clear and convincing evidence
that the incompetent person, when competent, gave express and informed consent to withdrawing or withholding nutrition or hydration in the applicable circumstances.
In civil actions under federal law, the preponderance of the evidence standard generally is used, except certain situations that require clear and convincing evidence
40) At the time Cooper came before the Supreme Court, Oklahoma was one of only four states that statutorily required a defendant to prove his incompetence by clear and convincing evidence
Court of Appeals affirmed the district court's finding of liability, as well as the employer's burden to provide clear and convincing evidence
that it would have reached the same decision if bias had not been present.