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.
However, there may be sufficient evidence of the use of excessive force to sustain a violation of departmental rules and regulations based upon the preponderance of the evidence
Parties seeking bridge-the-gap or durational alimony could have overcome that presumption by demonstrating by a preponderance of the evidence
that such an award was appropriate.
11) Microsoft argued that the preponderance of the evidence
27) The United States Court of Appeals for the Federal Circuit also affirmed, holding that Lombardi failed to prove by a preponderance of the evidence
that her injuries resulted from the Hepatitis B vaccine.
Elliote Quinn IV, Note, A Real Class Act: The Class Action Fairness Act of 2005's Amount in Controversy Requirement, Removal, and the Preponderance of the Evidence
Standard, 78 Def.
In particular, trademarks and copyrights require only a preponderance of the evidence
to overcome the presumption of validity.
On appeal, the Intermediate Court of Appeals concluded that, in contrast to the burden of proof allocation at competency hearings held before or during trial, at a retrospective competency hearing federal due process principles require the prosecution to bear the burden of proving by a preponderance of the evidence
that the defendant is competent to stand trial.
The Court therefore holds that, "in order to merit habeas relief in a proceeding seeking collateral review of an extradition order, the petitioner must prove by a preponderance of the evidence
that he is 'in custody in violation of the Constitution or laws or treaties of the United States,' 28 U.
63) Of those eight states, seven require the court to find by a preponderance of the evidence
that a party has committed acts of domestic violence in order to trigger the rebuttable presumption.
This Article explains why the Fred Meyer standard conflicts with precedent, reason, and policy and proposes an analytical model for either the Alaska Supreme Court or the Alaska Legislature to use in abandoning Fred Meyer and adopting a preponderance of the evidence
This Article argues that while the majority of circuit courts have adopted the appropriate preponderance of the evidence
standard, other circuits have adopted the wrong standard, a legal certainty standard.