What is CLEAR AND CONVINCING PROOF? Definition of CLEAR AND CONVINCING PROOF in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
Generally, this phrase and its numerous variations mean proof beyond a reasonable, i. e., a well-founded doubt. Southwestern Bell Telephone Co. v. City of San Antonio, Tex., D.C.Tex., 4 F.Supp. 570, 573. Some cases give a less rigcrous, but somewhat uncertain, meaning, viz., more than a preponderance but less than is required in a criminal case. O'Briant v. Lee, 212 N.C. 793, 195 S.E. 15, 20.
A higher degree of proof than weight of the evidence, Snyderwine v. McGrath, 343 Pa. 245, 22 A.2d 644, 647. Independent facts and circumstances which are, in opinion of court and jury, strong, Wright v. Austin, Tex.Civ.App., 175 S.W.2d 281, 284; it shall be found that witnesses are credible, that they distinctly remember facts to which they testify, that they narrate details exactly, and that their statements are true, McDonnell v. General News Bureau, C.C.A.Pa., 93 F.2d 898, 901. The degree of proof which will produce in the mind of the court a firm belief or conviction. In re Chappell, Ohio App., 33 N.E.2d 393, 397. Evidence that convinced a presumably unbiased and unprejudiced jury, Pegues v. Dilworth, 134 Tex. 169, 132 S. W.2d 582, 586. Proof sufficient to convince ordinarily prudent minded people. Rowland v. Holt, 253 Ky. 718, 70 S. W.2d 5, 9. The proof need not be conclusive. Hobart v. Hobart Estate Co., 26 Ca1.2d 412, 159 P.2d 958, 976.
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