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Define That Term #188

Sunday's term was clear and convincing evidence standard, which is defined by law.com as (the web site from which I generally obtain definitions):

n. evidence that proves a matter by the "preponderance of evidence" required in civil cases and beyond the "reasonable doubt" needed to convict in a criminal case.

I'm not sure that that definition even makes sense, so I googled the term and found a definition from lectlaw.com that appears to be more in keeping with the definition found in my trusty Black's Law Dictionary:

The level of proof sometimes required in a civil case for the plaintiff to prevail. It means the trier of fact must be persuaded by the evidence that it is highly probable that the claim or affirmative defense is true. The clear and convincing evidence standard is a heavier burden than the preponderance of the evidence standard but less than beyond a reasonable doubt.

This term received a number of guesses, all of which I'm accepting as "correct", so I'm calling it a 3-way tie.

In keeping with the evidentiary proof theme, today's term is: 

preponderance of the evidence standard.

As always, educated guesses are welcome, but no dictionaries, please.

Comments

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slickdpdx

Evidence that establishes that a circumstance is more likely than not. Technically satisfied by the tiniest increment over 50%.

Carlos

The lowest burden of proof to be met. Requires the plaintiff prove that he is more than likely correct on his claim. Like the above poster said, the finder of fact must be more than 50% satisfied to find for the Plaintiff under this standard.

Carlos

And you're right, that definition you found makes no sense.

slickdpdx

Well the first definition makes sense, its just not very enlightening.

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