Intro to Paralegal Studies Practice

What does the standard of proof "clear and convincing" refer to in civil trials?

1. Evidence must be beyond a reasonable doubt

2. Evidence must be greater than a preponderance of the evidence

3. Evidence must be more than mere speculation

4. Evidence must be conclusive and undeniable

The correct answer is: Evidence must be greater than a preponderance of the evidence

The phrase "clear and convincing" refers to a particular level of certainty required in civil trials, which is indeed greater than a preponderance of the evidence. In legal terms, the preponderance of the evidence means that one side's evidence is more persuasive and carries greater weight than the other's, often described as more likely than not—essentially, tipping the scales in that direction. On the other hand, clear and convincing evidence requires a higher degree of certainty; it demands that the evidence be highly and substantially more likely to be true than not. This standard is typically used in certain civil cases, such as those involving fraud or the termination of parental rights, where the stakes are particularly high, necessitating a clearer justification for a decision. While the other options mention various standards of proof, they do not accurately convey the specific requirement associated with "clear and convincing" evidence. For instance, needing evidence to be beyond a reasonable doubt pertains to criminal cases, and the notion of being conclusive and undeniable might suggest an absolute certainty, which is not the standard used in civil trials under "clear and convincing." Therefore, stating that the evidence must be greater than a preponderance effectively captures the right context for this standard.