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Clear and convincing evidence

Clear and convincing evidence is the intermediate level of burden of persuasion sometimes employed in the civil procedure. In order to prove something by "Clear and convincing evidence" the party with the burden of proof must convince the trier of fact that it is substantially more likely than not that the thing is in fact true. This is a lesser requirement than "proof beyond a reasonable doubt" which requires that the trier of fact be all but certain of the truth of the matter asserted, but a stricter requirement than proof by "preponderance of the evidence," which merely requires that the matter aserted seem more likely true than not.

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10-26-2009 08:16:03
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