If clear and convincing evidence
does not show such conduct by (defendant employer) punitive damages are not warranted against (defendant employer).
(2) clear and convincing evidence
with an i4i-type instruction regarding
(72) In justifying its decision, the Court remarked that, "[w]hatever the significance of a presumption in the abstract, basic principles of statutory construction require us to assume that Congress meant to incorporate 'the cluster of ideas' attached to the common-law term it adopted." (73) In importing the clear and convincing evidence
the Court felt was attached to the common law term "presume," however, the Court ignored the fundamental rationale--deference to the PTO--underlying that evidentiary threshold.
On appeal, the First District Court of Appeal reversed the final order, reasoning that when an agency seeks to revoke an existing license based on violations of statutory prohibitions, the agency must prove the violations by clear and convincing evidence
. Thus, the court concluded, the same burden of proof should apply when an applicant is being denied a license in the first instance based on violations of the same or similar statutes, assuming that the applicant is otherwise qualified for a license.
Justice Stevens then began the core of his argument, a historical overview of the standard required to prove a defendant's incompetency.(105) He noted at the outset that Oklahoma's "clear and convincing evidence
" requirement was without any apparent precedent.(106) justice Stevens also observed that the general rule against trying an incompetent defendant traced back to Hale and Blackstone, and that the first cases supporting this notion appeared in the late 1700s.(107)
Court of Appeals affirmed the district court's finding of liability, as well as the employer's burden to provide clear and convincing evidence
that it would have reached the same decision if bias had not been present.
If you find that (defendant) committed the crime but you find by clear and convincing evidence
that the defendant was insane, as I have defined that term for you, [begin strikethrough]have a reasonable doubt that [he] [she] was sane at that time,[end strikethrough] then you should find [him] [her] not guilty by reason of insanity.
Any bill that hopes to survive Florida court constitutional scrutiny, based on the existing precedents, must allow for "clear and convincing evidence
" that a presently incompetent individual wanted to forego nutrition and hydration, even when the person never executed a legal document specifying his or her wishes.
Connecticut: For tax years beginning after 1998, corporations must add back to Federal taxable income interest and intangible expenses/costs directly or indirectly paid to related members, unless the corporation: (1) establishes by clear and convincing evidence
that the adjustments are unreasonable; (2) establishes by a preponderance of the evidence that the transaction did not have as a principal purpose the avoid ante of tax and during the same tax year, the related member paid the expense to an unrelated person; or (3) agrees in writing with the commissioner to the use of an alternative apportionment method; see P.A.
The judge ruled that as a general rule the courts favor the free and unencumbered use of property by its owner and that the party seeking to enforce a restriction on that use (here the plaintiffs who are seeking to enforce an easement over the property) must prove by clear and convincing evidence
the existence of such restriction (the easement).
Hyde's bill would shift the burden of proof in civil forfeiture cases back to the government, which would have to prove by "clear and convincing evidence
"--instead of the current "preponderance of the evidence"--that property it seeks to confiscate was used in a crime or was purchased with the proceeds of a crime.
It contains provisions requiring claimants seeking punitive damages to establish by clear and convincing evidence
that any harm done was the result of intentional or malicious misconduct involving a conscious intent to cause injury.