Clear And Convincing Evidence Flashcards, test questions and answers

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What is Clear And Convincing Evidence?

Clear and convincing evidence is a high legal standard used in civil proceedings. It requires that the evidence presented be highly and reasonably probable and persuasive, such that any reasonable person would find it persuasive. The concept of clear and convincing evidence has been heavily discussed within the American legal system, and is often used to decide matters of dispute between parties.Clear and convincing evidence is usually contrasted with the lower legal standard of preponderance of the evidence which only requires that more than 50% of available evidence support a certain claim or position. Clear and convincing evidence however is much higher than this; it requires an overwhelmingly strong case in favor of one party or another before a decision can be made. This higher level of proof is generally required in cases involving private rights or interests, such as those involving fraud or breach of contract. In order for clear and convincing evidence to be present in a case, witnesses must have credible testimony (in other words, they must sound believable) as well as reliable documentary records which are relevant to the matter at hand. Additionally, expert opinions may also be considered when determining whether clear and convincing proof exists since experts can often provide unbiased opinions on complex matters which could sway the decision either way. In order for clear and convincing proof to exist though all facts must point towards one conclusion; if there are any doubts then this standard cannot be met. Overall, clear and convincing proof establishes an important standard for civil proceedings since it ensures that every decision made is based on an overwhelming amount of reliable information rather than just circumstantial speculation or bias from one side or another. As such, it serves as an important safeguard in protecting individual rights from unjustified infringements by those who seek to take advantage of them.