preponderance of the evidence standard

• A real class act: the Class Action Fairness Act of 2005's amount in controversy requirement, removal, and the preponderance of the evidence standard.

Decisions concerning the limits of federal court jurisdiction always involve competing claims of interest between the federal government and state gov...

• Defense Counsel Journal
• Vol. 78 Nbr. 1, January 2011

• 40 CFR 22.24 - Burden of presentation; burden of persuasion; preponderance of the evidence standard.

• Code of Federal Regulations - Title 40: Protection of Environment

• The Often Illusory Protections of 'Biology Plus:' On the Supreme Court's Parental Rights Jurisprudence

Family and Parental Rights The Court has long recognized the importance of family and the robust nature of parental rights.2 The Court explained in Meyer v. Nebraska that the Constitution protects the right of the individual to marry, establish a home and bring up children,3 and in Prince v. Massachusetts that the custody, care and nurture of the child reside first in the parents. At issue in Rivera v. Minnich was the standard of proof required to establish paternity.11 Pennsylvania had imposed a preponderance of the evidence standard in paternity cases.12 The law was challenged on the ground that a clear and convincing standard should instead have been used.13 The Court rejected the challenge, denying an equivalence between the State's imposition of the legal obligations accompanyi...

• Texas Journal on Civil Liberties & Civil Rights
• Vol. 13 Nbr. 1, October 2007

• Short Takes

ON Monday morning, the U.S. Senate Committee on Commerce, Science and Transportation, which is chaired by Sen. Jay Rockefeller, will meet in Charleston. The committee will look at ways for businesses to innovate locally and export globally. Charleston is a perfect location for such a meeting. West Virginians benefit more from their export businesses than many people realize. West Virginia exported $6.4 billion worth of goods and services in 2010, according to the Census Bureau. Thats up 60 percent since 2007. Yes, coal is big business for West Virginia. West Virginia leads the nation in coal exports, shipping more than 50 million tons to 23 countries, according to the Federation for American Coal, Energy and Security. West Virginia accounts for about 50 percent of U.S. coal exports. But...

• Charleston Gazette
• June 27, 2011

• State v. Hill, (Ohio 2011)

DEATH PENALTY—CONSTITUTIONAL LAW/CRIM—POSTCONVICTION—CRIMINAL MISCELLANEOUS: The common pleas court properly declined to entertain or to conduct an evidentiary hearing on petitioner’s late and successive postconviction claim, based on Atkins v. Virginia (2002), 536 U.S. 304, 122 S.Ct. 2242, that his execution would violate the proscription against cruel and unusual punishment contained in the Eighth Amendment to the United States Constitution, because he is mentally retarded: the claim satisfied R.C. 2953.23(A)(1)(a) because it was predicated upon a retrospectively applicable right recognized by the United States Supreme Court since the time prescribed by R.C. 2953.21 had expired; but petitioner failed, as required by R.C. 2953.23(A)(1)(b), to show by clear and convincing evidence the ...

... and  substantive standards for adjudicating an Atkins claim.  In December... mentally retarded by using the preponderance-of-the-evidence standard.”12    But  the�...

• Ohio Supreme Court

• Commentary: Editorial Advisory Board: 'If It Ain't Broke, Don't Fix It'

The 'clear and convincing evidence' standard is rarely a barrier to getting a protective order The House Judiciary Committee showed great restraint and good judgment by issuing an unfavorable report on House Bill 700, which sought to lower the burden of proof in domestic violence cases from the current clear and convincing evidence standard to preponderance of the evidence.

• The Daily Record (Baltimore)
• March 31, 2010

• State v. Matthews, (Ohio 2003)

The record supported the trial court's conclusion that appellant had not shown by a preponderance of the evidence that appellant's daughter had been the victim of domestic violence or was in danger of domestic violence. Domestic violence, preponderance of the evidence, standard of review, reasonable corporal punishment.

• Ohio Supreme Court

• U.S. Court of Appeals, Eighth Circuit: U.S. V. Bridges

Criminal Law: Sentencing - Enhancement - 'Judicial Factfinding' Where a district court determined a defendant's sentence based in part upon uncharged conduct and judge-found facts and the sentence was not in excess of the statutory minimum, the court did not err by engaging in judicial factfinding and in applying a preponderance of the evidence standard to determine whether a four-level enhancement for possessing a firearm in connection with another felony offense was warranted.

• Missouri Lawyers Media
• September 14, 2009

• Lance-Sepesi v. Goris, (Ohio 2003)

The record supported the trial court's conclusion that appellant had not shown by a preponderance of the evidence that appellant's daughter had been the victim of domestic violence or was in danger of domestic violence. Domestic violence, preponderance of the evidence, standard of review, reasonable corporal punishment.

• Ohio Supreme Court

• Model recordkeeping and retention regulation: January 10, 1997.

The Multistate Tax Commission's Model Recordkeeping and Retention Regulation is supported by the Tax Executives Institute (TEI), with some reservations. TEI is concerned about overly broad language in the regulation regarding retention of 'all' records 'necessary.' Also, the traditional preponderance of evidence standard should be applicable to these records. The provision regarding conversion of machine-sensible records to a standard record format should be modified and limited to Electronic Data Interchange transactions. TEI also recommends making various language changes to prevent creating a preference for electronic records over hard copy ones.

• Tax Executive
• Vol. 49 Nbr. 1, January 1997