Burden of Proof

How a deficient reasonable doubt jury instruction can be regarded?

A deficient reasonable doubt jury instruction can never be regarded as harmless error no matter how overwhelming the evidence of the defendant's guilt.

Civil cases that require clear and convincing evidence

C - Constructive trust. C - The existence of a covenant running with the land. L - to establish a lost will. A - actual malice in a defamation. M - mutual mistake, a claim for reformation or fraud. G - to establish a gift. A - Adultery A - Adverse possession. P - Provisional remedies P - Terminating parental rights. P - in a proceeding to determine paternity.

What clear and convincing evidence requires?

Clear and convincing evidence, requires the prosecution to prove that is highly probable that the event occurred. This requires proof more certain that the preponderance but less certain that proof beyond reasonable doubt.

What is evidence?

Evidence is the medium by which truth is established and proof is the result of the evidence offered.

To what the preponderance of the evidence applies?

Preponderance of the evidence applies in most civil cases.

What is proof?

Proof is the convincing or persuading of the fact finder through of the existence of the fact thru the evidence offered.

What requires proof beyond the reasonable doubt?

Requires the prosecution to proof each element of his case against the criminal defendant so that a reasonable person after reviewing the evidence would have not reasonable doubt of the defendant's guilt. A reasonable doubt is more that wimp or a hunch.

Who opens first?

The party with the burden of proof generally open first and closing last.

What are some civil claims that require a clear and convincing evidence?

The proof must be highly probable to prove a constructive trust, a lost will, an actual malice in a defamation case, mutual mistake or fraud, gift, adverse possession, provisional remedies, a covenant running with the land, reformation of a contract, adultery, and grounds to terminate a parental right.

How many burden of proof exists?

There are 3 standards of proof imposed on parties seeking to persuade the fact finder: They are preponderance of the evidence, Clear and convincing evidence, and proof beyond the reasonable doubt.

What preponderance of the evidence requires?

requires the plaintiff to establish that the evidence in support of his claim makes its occurrence more probable than not. The plaintiff evidence must be more convincing that the defendant evidence so that the jury can conclude that probable happened.