Legal Question in Constitutional Law in Arizona

Re: US Supreme Court burden of proof standards for clear and convincing

The "Clear and convincing" standard is usually used for evidence in various matters that approach but do not equal "beyond a reasonable doubt."

Due Process is usually involved.

Off the top of my head, clear and convincing evidence is required to remove the reports about, and names of, investigated and indicated child abusers from the New York State Central Registry, under NY Social Services law 422 .

Not sure if this is what you are looking for.

Re: US Supreme Court burden of proof standards for clear and convincing

The U.S. Supreme Court cases on clear and convincing evidence probably date back to the 1800s. I have given you citations to three early cases in the 20th century that use this standard:

N.D. v. Minn., No. 10, Original. , SUPREME COURT OF THE UNITED STATES , 263 U.S. 365; 44 S. Ct. 138; 68 L. Ed. 342; 1923 U.S. LEXIS 2753, March 12, 13, 1923, Aruged ** January 3, 4, 1921, Argued ; restored to docket and ordered that supplemental proofs be taken, April 18, 1921, December 10, 1923, Decided

OVERVIEW: Where Minnesota, by a drainage system, turned an interstate river water over its capacity and flooded its banks in North Dakota, permanently and seriously injuring valuable farm lands there, North Dakota could not have an injunction in the Court.

CORE TERMS: flood, lake, mile, water, ditch, cut-off, basin, watershed, river, stream ...

... must be established by clear and convincing evidence." New York v. New Jersey, 256 U.S. 296, 309; ...

Caution: Possible negative treatment Click to Shepardize� 191. New York v. New Jersey, No. 2, Original, SUPREME COURT OF THE UNITED STATES, 256 U.S. 296; 41 S. Ct. 492; 65 L. Ed. 937; 1921 U.S. LEXIS 1633, Argued November 8, 11, 12, 1918; restored to docket for further argument March 10, 1919; reargued January 25, 1921, May 2, 1921

OVERVIEW: The Court refused to enjoin a plan by New Jersey and its state agency to dispose of sewage into New York's waters because standards agreed to by the United States and the state agency were considered to be sufficient to protect the water's safety.

CORE TERMS: sewage, water, sewer, adjacent, offensive, pollution, shore, odors, vessels, discharged ...

... must be established by clear and convincing evidence.[For other cases, ...

... magnitude and established by clear and convincing evidence. P. 309.(6) That the ...

... must be established by clear and convincing evidence. Missouri v. Illinois, 200 U.S. 496. ...

Caution: Possible negative treatment Click to Shepardize� 192. Postal Telegraph-Cable Co. v. Richmond, No. 169, SUPREME COURT OF THE UNITED STATES, 249 U.S. 252; 39 S. Ct. 265; 63 L. Ed. 590; 1919 U.S. LEXIS 2174, Argued January 22, 1919, March 17, 1919

CORE TERMS: street, pole, interstate, telegraph, ordinance, interstate commerce, interstate business, wires, intrastate business, license tax ...

... commerce is shown by clear and convincing evidence. P. 258.A ...

... fails to convince us that it contains that clear and convincing evidence that the tax thus falls upon ...

Mike Guth

http://riskmgmt.biz

Constitutional Law and Appellate Attorney