Clear and convincing evidence - sustany/dvg GitHub Wiki

�Clear and convincing evidence� is a�medium level burden of proof which must be met for certain convictions/judgments. This standard is a more rigorous to meet than�preponderance of the evidence�standard, but less rigorous standard to meet than proving evidence�beyond a�reasonable doubt. The clear and convincing evidence standard is employed in both�civil�and�criminal�trials.

According to the Supreme Court in�Colorado v. New Mexico, 467 U.S. 310 (1984), "clear and convincing� means that the�evidence�is highly and substantially more likely to be true than untrue. In other words, the�fact finder�must be convinced that the contention is highly probable.

States vary with regard to which standard of proof they require. However,�claims which involve fraud, wills, and withdrawing life support will typically require the clear and convincing evidence standard.�For example, some courts have held that enforcement of a gift causa mortis requires a clear and convincing showing that the gift occurred during the decedent�s lifetime.�