Convincible - Judgments

Jun 25 1990 (FN)

Cruzan Vs. Director, Mdh

Court: US Supreme Court

Decided on: Jun-25-1990

..... tube even though hearsay testimony regarding patient s intent insufficient to meet clear and convincing standard of proof under quinlan family or close friends entitled to make a substituted ..... an irreversible persistent vegetative state to remain on life support absent rigorously clear and convincing evidence that avoiding the treatment represents the patient s prior express choice see ante .....

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Feb 25 2003 (FN)

Miller-el Vs. Cockrell

Court: US Supreme Court

Decided on: Feb-25-2003

..... applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence however the court implicitly rejects the obvious conclusion that the coa determination under ..... the simple truth is that petitioner has not presented anything remotely resembling clear and convincing evidence of purposeful discrimination a the evidence amassed by petitioner can be grouped into .....

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Jun 07 2010 (FN)

Microsoft Corp. Vs. I4i Ltd. Partnership

Court: US Supreme Court

Decided on: Jun-07-2010

..... overcome the presumption to persuade the factfinder of its invalidity defense by clear and convincing evidence respondents collectively i4i hold the patent at issue which claims an improved ..... s proposed jury instruction that the invalidity defense must be proved by clear and convincing evidence the district court nevertheless gave that instruction rejecting microsoft s alternative instruction .....

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Apr 16 1996 (FN)

Cooper Vs. Oklahoma

Court: US Supreme Court

Decided on: Apr-16-1996

..... these early authorities are bereft of language susceptible of supporting a clear and convincing evidence standard 15 contemporary practice demonstrates that the vast majority of jurisdictions ..... the prohibition against requiring the criminal defendant to demonstrate incompetence by clear and convincing evidence safeguards the fundamental right not to stand trial while incompetent because oklahoma .....

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Mar 24 1982 (FN)

Santosky Vs. Kramer

Court: US Supreme Court

Decided on: Mar-24-1982

..... requires that the state support its allegations by at least clear and convincing evidence a clear and convincing evidence standard adequately conveys to the factfinder the level of subjective certainty ..... 433 1979 unanimous decision of participating justices fourteenth amendment requires at least clear and convincing evidence in a civil proceeding brought under state law to commit an individual .....

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Jun 25 1986 (FN)

Anderson Vs. Liberty Lobby, Inc.

Court: US Supreme Court

Decided on: Jun-25-1986

..... the directed verdict and summary judgment stages consequently where the new york times clear and convincing evidence requirement applies the trial judge s summary judgment inquiry as to whether a ..... the court apparently moved by concerns for intellectual tidiness mistakenly decides that the clear and convincing evidence standard governing finders of fact in libel cases must be applied by trial courts .....

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Jun 22 1989 (FN)

Harte-hanks Communs. Vs. Connaughton

Court: US Supreme Court

Decided on: Jun-22-1989

..... case must exercise independent judgment and determine whether the record establishes actual malice with convincing clarity to ensure that the verdict is consistent with the constitutional standard set out ..... impact of the subsidiary facts the court concluded that connaughton proved by clear and convincing evidence that the journal demonstrated its actual malice when it published the november 1 .....

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May 01 1989 (FN)

Price Waterhouse Vs. Hopkins

Court: US Supreme Court

Decided on: May-01-1989

..... that legitimate concerns would have justified an adverse employment action where the plaintiff has convinced the factfinder that a forbidden factor played a substantial role in the employment decision ..... that legitimate concerns would have justified an adverse employment action where the plaintiff has convinced the factfinder that a forbidden factor played a substantial role in the employment decision .....

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Jun 29 1983 (FN)

Jones Vs. United States

Court: US Supreme Court

Decided on: Jun-29-1983

..... specifically its requirement that the government carry the burden of proof by clear and convincing evidence for a limited period only not indefinitely the maximum sentence for attempted petit ..... apparently believes that the government s strong interest extends to avoiding the clear and convincing evidence standard while it might often be convenient for the government to accord individuals .....

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May 02 1988 (FN)

Kungys Vs. United States

Court: US Supreme Court

Decided on: May-02-1988

..... procured by a material misrepresentation the government must demonstrate by clear unequivocal and convincing evidence that it relied on the misrepresentation in deciding whether to confer citizenship ..... contrary the facts as found by the district court demonstrate clearly unequivocally and convincingly that petitioner engaged in a pattern of repeated misrepresentations and nondisclosures at both .....

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