Clear and convincing definition

Clear and convincing means the measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.

Clear and convincing means the evidence is highly and substantially more likely to be true than untrue; the trier of fact must have an abiding conviction that the truth of the factual contention is highly probable. (Colorado v. New Mexico, 467 U.S. 310 (1984).

Clear and convincing means "the evidence should be 'clear' in the sense that it is certain, plain to the understanding and unambiguous, and 'convincing' in the sense that it is so reasonable and persuasive as to cause [one] to believe it." Wills v. State of Maryland, 329 Md. 370, 374 (1993), quoting Maryland Civil Practice Jury Instruction Section 1:8b (1984). It does not call for "unanswerable" or “conclusive" evidence. Attorney Grievance Commission v. Harris, 366 Md. 376, 389 (2001). To be clear and convincing means that it is substantially more likely than not that the allegations are in fact true but that it "need not be established with absolute certainty.” Vogel v. State, 315 Md. 458, 473 (1989). The burden is "more than a mere preponderance of the evidence [the burden of proof in ordinary civil cases] but not beyond a reasonable doubt [the standard in criminal cases]. Berkey v. Delia, 287 Md. 302, 319-20 (1980).

Examples of Clear and convincing in a sentence

• Clear and convincing evidence “establishes that the truth of the facts asserted is highly probable .

• Clear and convincing evidence is generally understood to be evidence indicating that the thing to be proved is highly probable or reasonably certain.

• Clear and convincing evidence is needed to establish the grounds for termination.

• Clear and convincing documentary evidence of the mistake must be presented to the Awarding Authority and the Architect as soon as possible, but no later than three working days after the opening of bids.The Awarding Authority’s decision regarding a low bidder’s request to withdraw its bid without penalty shall be made within 10 days after receipt of the bidder’s evidence or by the next regular meeting of the Awarding Authority.

• Water parcels with different T-S properties are occasionally advected past the SOTS site (e.g. three periods with relatively warm and salty compositions were observed in the annual record presented by 12.

More Definitions of Clear and convincing

Clear and convincing means the standard of proof that is beyond a mere preponderance (i.e., more probable than not) but below that of “beyond a reasonable doubt.” The “clear and convincing” standard would be met when those making the determination have a firm belief that the facts in issue have been established.

Clear and convincing means proof which results in a reasonable certainty of the truth of the ultimate fact in controversy. It is stronger than a preponderance of the evidence and is unmistakable or free from serious or substantial doubt.

Clear and convincing means a measure or degree of proof that produces in a person's mind a firm belief or conviction as to the truth of the allegations sought to be established.

Clear and convincing evidence means evidence of such convincing force that it demonstrates, in contrast to the opposing evidence, a high probability of the truth of the fact[s] for which it is offered as proof. Such evidence requires a higher standard of proof than proof by a preponderance of the evidence.48

Clear and convincing means that the DSU has a high degree of certainty before it can conclude that an individual is incapable of benefitting from VR services in terms of an employment outcome. The “clear and convincing” standard constitutes the highest standard used in our civil system of law and is to be individually applied on a case-by- case basis. The term “clear” means unequivocal.

Clear and convincing means the standard of proof that is beyond a mere preponderance but below that of “beyond a reasonable doubt.” The “clear and convincing” standard would be met where the members of the Hearing Committee have a firm belief that the facts in issue have been established.

Clear and convincing means evidence is stronger than “a preponderance of evidence” and is unmistakable and free from serious or substantial doubt.