Clear And Convincing - Law Dictionary Search Results

Home Dictionary Name: clear and convincing

clear and convincing

clear and convincing : conforming to or being the standard of proof required for some civil cases or motions in which the party bearing the burden of proof must show that the truth of the allegations is highly probable [clear and convincing proof] compare reasonable doubt, preponderance of the evidence ...

clear and convincing evidence

clear and convincing evidence see evidence ...

standard of proof

standard of proof :the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding [the standard of proof to convict is proof beyond a reasonable doubt] see also clear and convincing, preponderance of the evidence compare burden of proof clear and convincing evidence at evidence, reasonable doubt NOTE: Preponderance of the evidence is the least demanding standard of proof and is used for most civil actions and some criminal defenses (as insanity). Clear and convincing proof is a more demanding standard of proof and is used in certain civil actions (as a civil fraud suit). Proof beyond a reasonable doubt is the most demanding standard and the one that must be met for a criminal conviction. ...

preponderance of the evidence

preponderance of the evidence ;also : the evidence meeting this standard [plaintiffs must show by a preponderance of the evidence that defendant's negligence proximately caused the injuries] compare clear and convincing, reasonable doubt ...

proof

proof [alteration of Middle English preove, from Old French preuve, from Late Latin proba, from Latin probare to prove] 1 : the effect of evidence sufficient to persuade a reasonable person that a particular fact exists see also evidence 2 : the establishment or persuasion by evidence that a particular fact exists see also burden of proof 3 : something (as evidence) that proves or tends to prove the existence of a particular fact see also clear and convincing, preponderance of the evidence, reasonable doubt, standard of proof compare allegation, argument 4 : probate ...

reformation

reformation : the act or an instance of reforming ;specif : the equitable remedy of reforming a writing (as a deed or contract) and enforcing it as reformed NOTE: Reformation is allowed primarily to correct mistakes such as typographical errors or incorrectly chosen words. Occasionally reformation is permitted in cases of fraud or misrepresentation. Clear and convincing evidence of the mistake and of the intended agreement is usually required; sometimes parol evidence is sufficient to establish the agreement. This remedy is not applicable to wills. ...

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Clear And Convincing - Law Dictionary Search Results