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Another consequence of this case was that the employer's rebuttal as to the question whether a discriminatory judgment was the "but-for" reason for the decision could be made with only a "preponderance of the evidence", as opposed to the prior standard of "clear and convincing evidence," a reduction in the burden of proof for employers who wish ...
This standard is also known as "clear, convincing, and satisfactory evidence"; "clear, cognizant, and convincing evidence", and is applied in cases or situations involving an equitable remedy or where a presumptive civil liberty interest exists. For example, this is the standard or quantum of evidence use to probate a last will and testament.
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 ...
Jun. 23—The state Judicial Conduct Commission had "clear and convincing evidence" that Julia Hawes Gordon had abused her position as Daviess family court judge when the commission voted to ...
The State of Missouri withdrew from the case in September 1990 since its law had been upheld and it had won the larger constitutional issue being considered. [9] p. 29 With the Cruzans facing no opposition, Jasper County Probate Judge Charles Teel ruled that the Cruzans had met the evidentiary burden of "clear and convincing evidence."
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.
Three men who have served over two decades in prison for the murder of a 70-year-old woman in her home outside Philadelphia asked a judge to throw out their convictions, citing new DNA evidence ...
Addington v. Texas, 441 U.S. 418 (1979) Clear and convincing evidence is required by the Fourteenth Amendment in a civil proceeding brought under state law to commit an individual involuntarily for an indefinite period to a state mental hospital. Youngberg v.