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Some credible evidence is one of the least demanding standards of proof. This proof standard is often used in administrative law settings and in some states to initiate Child Protective Services (CPS) proceedings. This proof standard is used where short-term intervention is needed urgently, such as when a child is arguably in immediate danger ...
Wigmore evidence chart, from 1905. A Wigmore chart (commonly referred to as Wigmorean analysis) is a graphical method for the analysis of legal evidence in trials, developed by John Henry Wigmore. [1] [2] It is an early form of the modern belief network. [3] After completing his Treatise in 1904, Wigmore "became convinced that something was ...
There are various standards of evidence, standards showing how strong the evidence must be to meet the legal burden of proof in a given situation, ranging from reasonable suspicion to preponderance of the evidence, clear and convincing evidence, or beyond a reasonable doubt. There are several types of evidence, depending on the form or source.
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. [1] In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local variations, or have revised their own evidence rules or codes to at least partially follow the federal rules.
Where the relevant statute provides for an appeal to the courts, questions of law are subject to a standard of "correctness" and questions of fact and mixed fact and law subject to the standard of "palpable and overriding error". [13] These standards correspond to those applied on appeals from lower court decisions.
The standards of proof are higher in a criminal case than in a civil one, since the state does not wish to risk punishing an innocent person. In English law the prosecution must prove the guilt of a criminal "beyond reasonable doubt"; but the plaintiff in a civil action is required to prove his case "on the balance of probabilities". [2]
The standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison (or, in some countries, execution). In English law , the prosecution must prove the guilt of a criminal "beyond reasonable doubt", while the plaintiff in a civil action is required to prove ...
Reasonable suspicion is a legal standard of proof that in United States law is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch ' "; [1] it must be based on "specific and articulable facts", "taken together with rational inferences from those facts", [2] and the suspicion must be associated with the ...