Preponderance - Judgments

Feb 25 1981 (FN)

Steadman Vs. Sec

Court: US Supreme Court

Decided on: Feb-25-1981

..... the opinion of the court in administrative proceedings the securities and exchange commission applies a preponderance of the evidence standard of proof in determining whether the antifraud provisions of the ..... whether such violations must be proved by clear and convincing evidence rather than by a preponderance of the evidence i in june 1971 the commission initiated a disciplinary proceeding against .....

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Jun 29 1983 (FN)

Jones Vs. United States

Court: US Supreme Court

Decided on: Jun-29-1983

..... autonomy that indefinite commitment entails in addington itself the state had clearly proved by a preponderance of the evidence that the petitioner had engaged repeatedly in conduct far beyond the pale ..... assessed under the clear and convincing evidence standard footnote 2 2 we held that a preponderance of the evidence standard was not sufficient to preserve fundamental fairness to candidates for .....

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Mar 24 1982 (FN)

Santosky Vs. Kramer

Court: US Supreme Court

Decided on: Mar-24-1982

..... numerous factors combine to magnify the risk of erroneous factfinding coupled with the preponderance standard these factors create a significant prospect of erroneous termination of parental rights ..... the private interest affected is commanding the risk of error from using a preponderance standard is substantial and the countervailing governmental interest favoring that standard is comparatively .....

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Jan 24 1983 (FN)

Herman and Maclean and Huddleston

Court: US Supreme Court

Decided on: Jan-24-1983

..... securities industry the balance of the parties interests in this case warrants use of the preponderance standard which allows both parties to share the risk of error in roughly equal ..... in interpreting a statutory provision in steadman v sec supra we upheld use of the preponderance standard in sec administrative proceedings concerning alleged violations of the antifraud provisions the sanctions .....

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1991

Grogan Vs. Garner

Court: US Supreme Court

Decided on: Jan-01-1991

..... the view that congress intended to require a clear and convincing evidence standard the preponderance standard is presumed to be applicable in civil actions between private parties unless particularly ..... split over the appropriate proof standard for the fraud discharge exception application of the preponderance standard will also permit exception from discharge of all fraud claims creditors have .....

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Jun 25 1987 (FN)

Rivera Vs. Minnich

Court: US Supreme Court

Decided on: Jun-25-1987

..... relationship the collective judgment of the many state legislatures that adhere to a preponderance standard for paternity proceedings rests on legitimate and significant distinctions between termination ..... the collective judgment of the many state legislatures which adhere to a preponderance standard for paternity proceedings rests on legitimate and significant distinctions between termination .....

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May 01 1989 (FN)

Price Waterhouse Vs. Hopkins

Court: US Supreme Court

Decided on: May-01-1989

..... of this case the burden of persuasion should shift to petitioner to demonstrate by a preponderance of the evidence that it would have reached the same decision absent consideration of respondent ..... employment injury of some kind where an individual disparate treatment plaintiff has shown by a preponderance of the evidence that an illegitimate criterion was a substantial factor in an adverse employment .....

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Jun 14 1993 (FN)

Concrete Pipe and Products of Cal., Inc. Vs. Construction Laborers Pen ...

Court: US Supreme Court

Decided on: Jun-14-1993

..... fact made by the arbitrator that the arbitrator is to undertake his examination by a preponderance of the evidence explicitly establishes his role as factfinder appellate review regrettably the court ..... of unfunded vested benefits will be presumed correct unless the employer shows by a preponderance of the evidence that the actuarial assumptions and methods were unreasonable or that the .....

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Jan 15 1980 (FN)

Vance Vs. Terrazas

Court: US Supreme Court

Decided on: Jan-15-1980

..... the fifth amendment although the due process clause imposes requirements of proof beyond a preponderance of the evidence in criminal and involuntary commitment contexts nevertheless expatriation proceedings are ..... ibid the district court concluded that the united states had proved by a preponderance of the evidence that laurence j terrazas knowingly understandingly and voluntarily took an .....

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Jun 17 1977 (FN)

Patterson Vs. New York

Court: US Supreme Court

Decided on: Jun-17-1977

..... reasonable doubt that appellant had intentionally killed northrup but that appellant had demonstrated by a preponderance of the evidence that he had acted under the influence of extreme emotional disturbance it ..... for example a corporation can escape conviction of an offense if it proves by a preponderance of the evidence that the responsible supervising officer exercised due diligence to prevent the .....

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