Clear and convincing evidence
A medium level of burden of proof which is a more rigorous standard to meet than the preponderance of the evidence standard, but a less rigorous standard to meet than proving evidence beyond a reasonable doubt. In order to meet the standard and prove something by clear and convincing evidence, a party must prove that it is substantially more likely than not that it is true. This standard is employed in both civil and criminal trials.
Definition from Nolo’s Plain-English Law Dictionary
The burden of proof placed on a party in certain types of civil cases, such as cases involving fraud. Clear and convincing is a higher standard than "preponderance of the evidence," the standard typical in most civil cases, but not as high as "beyond a reasonable doubt," the burden placed on the prosecution in criminal cases. (See also: beyond a reasonable doubt, preponderance of the evidence)
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:12 pm
