Clear And Convincing Evidence

Clear and convincing evidence is a civil law burden of proof.  It is more than that degree of evidence that proves a fact by a mere “preponderance of evidence” required in most civil cases and instead resembles the highest burden proof  which is “beyond a reasonable doubt” which is needed to convict a defendant in a criminal case.

For example, in civil cases, where the plaintiff is trying to prove punitive damages against the defendant for an intentional wrong such as selling a knowingly dangerous and defective product to unsuspecting consumers, the plaintiff must prove the defendant had acted maliciously by a standard of clear and convincing evidence.

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