standard of proof in a civil trial

34182 results for standard of proof in a civil trial

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  • Gindling v. Schiff, (Ohio 2012)

    MALPRACTICE: Defense counsel’s often-heated references to the biases or pecuniary interest of plaintiff’s expert witnesses, made in the context of an 11-day trial of a medical-malpractice action, and recorded in over 2000 pages of trial transcript, were based upon the evidence admitted at trial and highlighted legitimate limitations in the experts’ testimony; since a sound reasoning process...

  • Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986)

    ... judgment pursuant to Federal Rule of Civil Procedure 56, asserting that because respondents ... their case under the New York Times standards and that summary judgment was proper because ...At the summary judgment stage, the trial judge's function is not himself to weigh the ... evidentiary requirements that apply to proof of actual malice in this New York Times case need ...

  • Descamps v. United States, 570 U.S. (2013)

    .... (a) In defining the proper causation standard for Title VII retaliation claims, it is presumed ... tort law's causation in fact standard-i.e., proof that the defendant's conduct did infact cause the ...Hopkins, 490 U. S. 228, and theensuing Civil Rights Act of 1991 (1991 Act), which substituted ...S. C. §633a, provided a jury-trial rightfor claims against the Federal Government. ...

  • Data Notes

    Time is recorded in calendar days. The measure captures the median duration that incorporation lawyers indicate is necessary in practice to complete a procedure with minimum follow-up with government agencies and no extra payments. It is assumed that the minimum time required for each procedure is 1 day. Although procedures may take place simultaneously, they cannot start on the same day (that is,...

  • Fourteenth Amendment. Section 1: Privileges and immunities of citizenchip, due process and equal protection

    ... of the Constitution during the post-Civil War Reconstruction period resulted in a ... (1876) (statute restricting right to jury trial in civil suits at common law); Presser v. ... would also tend to shift the burden of proof, which had been with litigants challenging ...; they are entitled to their own standard of the public welfare; they may within extremely ...

  • Seventh Amendment: Civil Trials

    ... as a prerequisite to recovery, involved peculiarly difficult decisions as to the adequacy of proof of negligence. "Special and important reasons for the grant of certiorari in these cases are ...If not, then the Court should at least give expression to the standards by which the lower courts are to be guided in these cases." . . Appeals From State Courts to the ...

  • Maryland v. King, 569 U.S. (2013)

    ... state, and national level, and which standardizes thepoints of comparison, i.e., loci, used in DNA ... persons accused of crimes areavailable for trials." Bell v. Wolfish, 441 U. S. 520, 534. An ... from convictedcriminals, to arrestees, to civil servants, to immigrants,to everyone with a ...The Court's proof, however, is nothing but a pair ofpress ...

  • Section 2: Judicial Power and Jurisdiction

    ... with real interests to contend for is a standard which has been stressed in numerous cases, and ... that entitles them to a percentage of any civil penalty assessed for violation, have been held to ... to injury, but that was a matter for proof at trial, not for resolution on the pleadings. . ...

  • In re E.P., (Ohio 2011)

    When petitioning the court for a juvenile civil protection order, the petitioner must allege in the petition that the respondent engaged in a violation of one of the offenses listed in R.C. 2151.34(C)(2)(a). Further, the petitioner must describe the nature and extent of the conduct in the petition. In order to obtain a juvenile civil protection order, the petitioner must prove by a...

  • Fourteenth Amendment. Section 5: Enforcement

    Generally . In the aftermath of the Civil War, Congress, in addition to proposing to the ...218 (1967), insofar as federal criminal trials were concerned. . Congress' power under Morgan ... be made under the relatively deferential standard of rational basis review. Thus, failure of an ...Although there was a relative absence of proof that states were still engaged in wholesale ...

  • Clark v. Arizona, 548 U. S. (2006)

    ...At his bench trial, Clark did not contest that he shot the officer ... had impermissibly narrowed its insanity standard in 1993 when it eliminated the first of the two ... the showing needed to overcome it, which is proof beyond a reasonable doubt that a defendant's ...If we give this latitude to litigants in civil cases, surely we must do so here. Furthermore, to ...

  • Hansen v. Isuzu Motors Limited, (4th Cir. 2008)

    ... Carpenter, Jr., CARPENTER APPEALS AND TRIAL SUPPORT, L.L.C., Columbia, South Carolina, for ... holding Hansen to a higher burden of proof than required under South Carolina law for ... jury charge as required by Federal Rules of Civil Procedure Rule 51. Furthermore, Isuzu contends ... We apply an abuse of discretion standard when reviewing jury instructions that have been ...

  • Section 8: Powers of Congress

    ... for dollars." Congress' failure to require proof of a direct connection between the bribery and ...Civil Service Commission . The State objected to the ...The Court has set forth several standards purporting to channel Congress's discretion in ... designed to preserve "prime farmland." The trial court had determined that the amount of such land ...

  • Southern Union Co. v. United States, 567 U.S. (2012)

    ..., which holds thatthe Sixth Amendment's jury-trial guarantee requires that any fact(other than the ... above statutorily prescribed "standard range");Ring v. Arizona, 536 U. S. 584, ... And as Bishopexplained, this requirement of proof originated not from a unique feature of jury ... what American courtswould later call quasi-civil statutes-part civil, part criminal; see also ...

  • Connick v. Thompson, 563 U.S. (2011)

    ... testify in his own defense in his later trialfor murder, and he was again convicted. Thompson ... indifference' is a stringent standard offault, requiring proof that a municipal actor ... or Office) cannot beheld liable, in a civil rights action under 42 U. S. C. §1983,for the ...

  • Apprendi v. New Jersey, 530 U.S. 466 (2000)

    ... provides for an enhanced sentence if a trial judge finds, by a preponderance of the evidence, ... 20 years be made by a jury on the basis of proof beyond a reasonable doubt. I. At 2:04 a.m. on ... may well depend in some cases on the standard of proof and the identity of the factfinder. ... rulers," and "as the great bulwark of [our] civil and political liberties," 2 J. Story, ...

  • Bell Atlantic Corp. v. Twombly, 550 U.S. (2007)

    ... behavior at a number of points in the trial sequence, e.g., at the summary judgment stage, ...Federal Rule of Civil Procedure 8(a)(2) requires only "a short and ...Applying these general standards to a §1 claim, stating a claim requires a ... verdict, see Theatre Enterprises, supra; proof of a §1 conspiracy must include evidence tending ...

  • Hamdan v. Rumsfeld, 548 U. S. (2006)

    ..., the President deemed Hamdan eligible for trial by military commission for then-unspecified ... acts without regular interference from civilian courts, see id., at 752, is inapt because ... commission] was consistent with the standards and procedures specified in the military order ..."(a) The procedure, including modes of proof, in cases before courts-martial, courts of ...

  • Some Mistakes Are Correctible: Another Look At Contract Rectification.

    ...Analysis of decision & appeal . While the trial judge found that the contract documentation was ... to establish their case with "convincing proof", seemingly applying a higher standard of proof pon the sellers than prevailed in other civil actions. In the result, the trial judge ordered ...

  • Fourth Amendment: Search And Seizure

    ... A civil case of execution of process, Semayne's Case ... the Court was closely divided on which standard to apply. For a while, the balance tipped in ... administrative inspection is admissible at trial, but if the investigator finds probable cause to ... may find the evidence coming in, not as proof of guilt, but to impeach his testimony. ...

  • First Amendment: Religion And Free Expression

    ... provision concerning religion read: "The civil rights of none shall be abridged on account of ... neutrality and voluntarism as the standard of restraint on governmental action. The concept ... published, shall on a fair and impartial trial be adjudged of a pernicious tendency, is ... the censoring agency bears the burden of proof on obscenity, that only a judicial order can ...

  • Stern v. Marshall, 564 U.S. (2011)

    ...C. §523(a). Pierce subsequentlyfiled a proof of claim for the defamation action, meaningthat ... On September 27, 2000, after abench trial, the Bankruptcy Court issued a judgmenton ... them under traditional appellate standards. See §158(a); Fed. Rule Bkrtcy. Proc. 8013. When ... district courtdocket of around 280,000 civil cases and 78,000 criminalcases. Administrative ...

  • Vieth v. Jubelirer, 541 U.S. 267 (2004)

    ... judicially discernible and manageable standards for adjudicating such claims exist. They would ...Supp. 2d 532 (MD Pa. 2002) (Vieth I) . On trial of the apportionment claim, the District Court ...The clumsy shifting of the burden of proof for the premise (the Court was "not persuaded" ... 1992) (upholding denial of Federal Rule of Civil Procedure 12(b)(6) judgment for the defendants); ...

  • Fifth Amendment: Rights Of Persons

    ... the grand jury is rooted in the common and civil law, extending back to Athens, pre-Norman ... free of many rules of evidence that bind trial courts, grand juries are not unrestrained by .... . the same constitutional standards apply against both the State and Federal ... that the Government proceed with its proof when, if it succeeded before the jury, it would ...

  • Kansas v. Hendricks, 521 U.S. 346 (1997)

    ... Predator Act establishes procedures for the civil commitment of persons who, due to a "mental ..., but granted his request for a jury trial. Mter Hendricks testified that he agreed with the ... to proper procedures and evidentiary standards. Foucha v. Louisiana, 504 U. S. 71 ,80. The Act ... a commitment statute if it couples proof of dangerousness. *Together with No. 95-9075, ...