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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.
Different types of proceedings require parties to meet different burdens of proof, the typical examples being beyond a reasonable doubt, clear and convincing evidence, and preponderance of the evidence. Many jurisdictions have burden-shifting provisions, which require that if one party produces evidence tending to prove a certain point, the ...
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.
Per Nelson's ruling, there is "clear and convincing evidence that Mariah fell on some stairs two days before she died, just as Applicant told police," as well as evidence that "Mariah's extensive ...
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 ...
Addington v. Texas, 441 U.S. 418 (1979), was a landmark decision of the US Supreme Court that set the standard for involuntary commitment for treatment by raising the burden of proof required to commit persons for psychiatric treatment from the usual civil burden of proof of "preponderance of the evidence" to "clear and convincing evidence".
Raised the burden of proof requirement, in order to civilly commit a person, from preponderance, to clear and convincing. Also, permitted the courts to defer judgment regarding a person's need for commitment, to the doctor(s) 14th 1979 Parham v. J.R.