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Simple English definitions for legal terms
clear and convincing evidence
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A quick definition of clear and convincing evidence:
Clear and convincing evidence is a type of proof that is needed to prove certain things in court. It is harder to prove than just a little bit of evidence, but not as hard as proving something without any doubt. This type of proof is used in both criminal and civil trials. It means that the evidence is very likely to be true, and the person deciding the case must be convinced that it is probably true. Some things that need clear and convincing evidence include cases involving fraud, wills, and taking someone off life support.
A more thorough explanation:
Definition: Clear and convincing evidence is a standard of proof that must be met in certain convictions or judgments. It is a more rigorous standard than preponderance of the evidence, but less rigorous than proving evidence beyond a reasonable doubt. This standard is used in both civil and criminal trials.
The Supreme Court in Colorado v. New Mexico, 467 U.S. 310 (1984), defined clear and convincing evidence as evidence that is highly and substantially more likely to be true than untrue. This means that the fact finder must be convinced that the contention is highly probable.
Examples of cases that require clear and convincing evidence include:
- Fraud cases
- Wills
- Withdrawing life support
- Enforcement of a gift causa mortis
For example, in a gift causa mortis case, the court may require clear and convincing evidence that the gift occurred during the decedent's lifetime. This means that the evidence presented must be highly and substantially more likely to be true than untrue, and the fact finder must be convinced that the gift occurred.