burden of proof

(redirected from Clear and convincing evidence)
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  • noun

Words related to burden of proof

the duty of proving a disputed charge

References in periodicals archive ?
In light of this long history of requiring a defendant to prove his incompetence to stand trial by a preponderance of the evidence, Oklahoma's clear and convincing evidence requirement is not credible.
Intangible expenses/costs (including intangibles-related interest expense) are not required to be added back if: (1) the related recipient is in a foreign income tax treaty country; (2) the taxpayer shows by clear and convincing evidence that the addback is unreasonable; (3) The division agrees in writing to an alternative apportionment method; or (4) the taxpayer shows by a preponderance of the evidence that the related party paid the same amount to an unrelated third party ha the same year and the underlying transaction did not have a principal purpose of avoiding New Jersey tax.
In some cases, higher standards of proof are required, such as the necessity that plaintiffs prove all material allegations by clear and convincing evidence.
Weinstock asserts that because of the importance of the interest involved, due process requires clear and convincing evidence of professional misconduct.
Because reasonable cause existed for failing to report the bonus, the employer is treated as having clear and convincing evidence of its intent to provide the bonus as compensation for services when paid.
The jury also found, by clear and convincing evidence, that Ingram's, Lightning's and Amazon's infringement was willful.
The burden of proving by clear and convincing evidence that Mrs.
The judgment is binding whether it was based on the preponderance of evidence standard of proof or the clear and convincing evidence standard of proof.
Simpson was found by clear and convincing evidence to have caused a malicious battery of Nicole which resulted in her death.
Under that case law, to prevail in establishing fraud, the IRS must show by clear and convincing evidence that the taxpayer "intended to evade taxes which it knew or believed it owed, by conduct intended to conceal, mislead, or otherwise prevent the collection of such taxes.
In the court of appeals decision, which the Supreme Court declined to review, Judge Wallace Tashima, writing for the majority, ruled that "(a) reasonable jury could find by clear and convincing evidence that CU sought to produce a predetermined result in the Samurai test.
evidence of test-rigging" presented by Suzuki, and that "(a) reasonable jury could find by clear and convincing evidence that CU sought to produce a predetermined result in the Samurai test.
Since the Court has concluded that Intuitive Surgical literally infringes Computer Motion's `809 patent, the burden now falls on Intuitive to show by clear and convincing evidence that the U.
Do you find by clear and convincing evidence that defendant Simpson committed oppression in the conduct upon which you base your finding of liability for battery against Ronald Goldman.
The jury concluded that Computer Motion was unable to carry its burden of demonstrating invalidity of any claim on either ground by clear and convincing evidence.