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burden of proof
(redirected from Clear and convincing evidence)

   Also found in: Medical, Legal, Wikipedia 0.04 sec.

burden of proof

In court proceedings, the duty of a party to produce sufficient evidence to prove that his case is true.

In English and US law a higher standard of proof is required in criminal cases (beyond all reasonable doubt), than in civil cases (on the balance of probabilities).

In the US, the burden of proof is on the court, since the accused is presumed innocent; in many other countries, the accused is presumed guilty until cleared, thus putting the burden of proof on the defense.


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Separately, the Appellate Court panel concluded that the burden of proof under IFPA was a clear and convincing evidence standard.
We feel we have clear and convincing evidence to put him into removal proceedings," said Pam McCullough, an ICE spokeswoman.
As we held in Part I of this opinion, the Court of Judiciary had before it clear and convincing evidence that Chief Justice Moore violated Canons 1, 2A, and 2B of the Canons of Judicial Ethics, as charged in the complaint filed by the Judicial Inquiry Commission, by willfully, refusing to obey a lawful and binding order of a federal court, the justices wrote in Roy S.
 
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