Search results
Results From The WOW.Com Content Network
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]
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.
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".
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.
Huddleston v. United States, 485 U.S. 681 (1988), was a case in which the United States Supreme Court held that before admitting evidence of extrinsic acts under Rule 404(b) of the Federal Rules of Evidence, federal courts should assess the evidence's sufficiency under Federal Rule of Evidence 104(b). Under 104(b), "[w]hen the relevancy of ...
Cooper v. Oklahoma, 517 U.S. 348 (1996), was a United States Supreme Court case in which the Court reversed an Oklahoma court decision holding that a defendant is presumed to be competent to stand trial unless he proves otherwise by the second highest legal standard of proof, that of clear and convincing evidence, ruling that to be unconstitutional. [1]
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.
Additionally, a respondent must also demonstrate, by clear and convincing evidence, that the courts in the country of habitual residence are either unable or unwilling to adequately protect the child from the alleged risk of harm or subject the child to an intolerable situation that is likely to end in serious injury or the child's death if ...