clear and convincing proof


clear and convincing proof
That proof which results in reasonable certainty of the truth of the ultimate fact in controversy. Lepre v. Caputo, 131 N.J.Super. 118, 328 A.2d 660, 652.
Proof which requires more than a preponderance of the evidence but less than proof beyond a reasonable doubt. Clear and convincing proof will be shown where the truth of the facts asserted is highly probable. In re Estate of Lobe, Minn.App., 348 N.W.2d 413, 414.
- burden of proof

Black's law dictionary. . 1990.

Look at other dictionaries:

  • clear and convincing proof — A standard applied by a jury or by a judge in a nonjury trial to measure the probability of the truthfulness of particular facts alleged during a civil lawsuit. Dictionary from West s Encyclopedia of American Law. 2005. clear and convincing proof …   Law dictionary

  • clear and convincing — clear and con·vinc·ing adj: conforming to or being the standard of proof required for some civil cases or motions in which the party bearing the burden of proof must show that the truth of the allegations is highly probable clear and convincing… …   Law dictionary

  • clear and convincing evidence — see evidence Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. clear and convincing evidence …   Law dictionary

  • clear and convincing evidence — A degree of proof higher than that of preponderance of the evidence. 20 Am J2d Ev § 1253 …   Ballentine's law dictionary

  • clear evidence or proof — Evidence which is positive, precise and explicit, which tends directly to establish the point to which it is adduced and is sufficient to make out a prima facie case. It necessarily means a clear preponderance. It may mean no more than a fair… …   Black's law dictionary

  • convincing proof — Such as is sufficient to establish the proposition in question, beyond hesitation, ambiguity, or reasonable doubt, in an unprejudiced mind. See beyond a reasonable doubt clear and convincing proof proof …   Black's law dictionary

  • clear, strong, and convincing — A degree of proof higher than that of preponderance of the evidence. 30 Am J2d Ev § 1167 …   Ballentine's law dictionary

  • proof — n [alteration of Middle English preove, from Old French preuve, from Late Latin proba, from Latin probare to prove] 1: the effect of evidence sufficient to persuade a reasonable person that a particular fact exists see also evidence 2: the… …   Law dictionary

  • convincing — I adjective absolute, ad persuadendum accommodatus, assured, assuring, attestable, authentic, believable, believed, believing, bona fide, categorical, certain, cogent, coherent, commanding, compelling, conclusive, confirmable, confirmatory,… …   Law dictionary

  • proof — The effect of evidence; the establishment of a fact by evidence. New England Newspaper Pub. Co. v. Bonner, C.C.A.Mass., 77 F.2d 915, 916. Any fact or circumstance which leads the mind to the affirmative or negative of any proposition. The… …   Black's law dictionary


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