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What is clear convincing evidence?

Updated: 8/21/2019
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8y ago

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There is no exactness when describing the relative burdens of proof, different courts have different articulations. Preponderance of the evidence means the evidence supports one conclusion over another no matter how slightly, clear and convincing means the evidence clearly supports one conclusion over another, and beyond a reasonable doubt means that the evidence comes at least close to supporting only one conclusion. Clear and convincing is often required to overcome a legal presumption, such as appealing a guilty plea, finding mental incompetency, or arguing an apparently valid contract is the product of fraud.

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