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Clear and convincing evidence is a higher level of burden of persuasion than "preponderance of the evidence", but less than "beyond reasonable doubt". It is employed intra-adjudicatively in administrative court determinations, as well as in civil and certain criminal procedure in the United States.
It can either be proved by clear and convincing evidence or by a preponderance of the evidence. In this respect, affirmative defenses differ from ordinary defenses [claim of right, alibi, infancy, necessity, and self-defense (which is an affirmative defense at common law)], which the prosecution has the burden of disproving beyond a reasonable ...
There are various standards of evidence, standards showing how strong the evidence must be to meet the legal burden of proof in a given situation, ranging from reasonable suspicion to preponderance of the evidence, clear and convincing evidence, or beyond a reasonable doubt. There are several types of evidence, depending on the form or source.
The legal question was whether the State of Missouri had the right to require "clear and convincing evidence" for the Cruzans to remove their daughter from life support. Specifically, the Supreme Court considered whether Missouri was violating the Due Process Clause of the Fourteenth Amendment by refusing to remove Nancy's feeding tube. [6]
Prior to the enactment of the law, the federal standard for "insanity" was that the government had to prove a defendant's sanity beyond a reasonable doubt (assuming the insanity defense was raised). Following the Act's enactment, the defendant has the burden of proving insanity by "clear and convincing evidence". [3]
A judge ordered detention based on clear and convincing evidence that the “defendant's release will endanger the safety of the defendant or the public, given the substantial number of alleged ...
Santosky v. Kramer, 455 U.S. 745 (1982), is a Supreme Court case involving the burden of proof for the revocation of parental rights.The case arose when the Ulster County, New York, Department of Social Services sought to revoke John Santosky II and Annie Santosky's parental rights to their three children.
A clear title, also known as a “clean title,” is a property title that is free from liens or additional issues that could jeopardize ownership, such as boundary disputes (encroachments) or ...