SPARC Forums

I believe this fits the requirement of a major controversy because "a" is used in Michigan Family Courts.  An equal parenting group I work for is lobbying for "b.", since they claim "a" is unfair.

1. What are the legal definitions of:

a. a preponderance of evidence.

b. clear and compelling evidence.

Thanks

Ordinarily, I don't act as a legal dictionary, but I'll indulge you, cause I just finished skiing and the snow was fantastic.

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>1. What are the legal definitions of:
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>a. a preponderance of evidence.

This is the burden of proof for the majority of civil actions. It requires only that a party prove (or disprove) a matter at issue before the court so as to make it more likely than not that the matter is true (or false). In short, if you tip the scale of justice ever so slightly in your direction, no matter how little, you win.
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>b. clear and compelling evidence.
This is the burden of proof for a special subset of civil action where courts have found it unfair to apply the easier preponderance of evidence standard. A party must prove or disprove a matter at issue before the court so as to make it "clear and convincing" to the trier of facts that the matter is true (or false). The scale thus nust tip substantially in your favor to prevail.

Cases of civil fraud (i.e., a material misrepresentation of fact intended to induce justifiable detrimental reliance) and termination of parental rights must be proven by clear and convincing evidence.

In criminal cases, prove must be "beyond all reasonable doubt," i.e., the trier of fact must be certain of the proof so that the only remaining possibilitie sto the contrary are those that are unreasonable.