References in periodicals archive ?
A party seeking alimony would have to prove by a preponderance of the evidence that alimony should be awarded.
evidence (highest burden) and preponderance of the evidence (lowest
37) In keeping with the Congressional deference to petitioners, the court in Althen also confirmed that the NCVIA employs a preponderance of the evidence standard for off-Table injuries.
The "legal certainty" standard is significantly higher than the preponderance of the evidence standard.
Even if the presumption of patent validity merits using a higher evidentiary standard than a preponderance of the evidence, the clear and convincing standard should not apply to patents where the prior art was not before the PTO.
Next, the Court examines the Appellee's inability to prove by the preponderance of the evidence that the arrest warrant provided by the Greek government did not satisfy the Treaty's requirement of a "duly authenticated warrant" sufficient to show that he was charged with a crime covered by the United States--Greek Treaty.
76) For example, in several states, such as Alaska, California, Louisiana, Massachusetts, Mississippi, and Wisconsin, the presumption may be rebutted by a preponderance of the evidence.
Moreover, in adopting this elevated burden of proof, the court ignored the settled principle that the default burden of proof in civil actions should be the preponderance of the evidence standard.
The majority of federal circuit courts hold that in either of these two situations, the removing defendant must establish by a preponderance of the evidence that the federal amount in controversy requirement is satisfied.
1) The parents must establish by a preponderance of the evidence that, since the appointment of the guardian, the circumstances of the minor or parent have materially changed.
Rather, he must prove liability by a preponderance of the evidence.
This study and the preponderance of the evidence support the notion that the overall risk of stent thrombosis (clots) with DES does not translate into higher mortality in these patients," the researchers concluded in the Journal of the American College of Cardiology.