Legal Question in Family Law in Maryland

Re: Explanation/Meaning of the burden of proof term - clear and convincing evide

"Clear and convincing" is a standard of proof that falls somewhere between "preponderence of the evidence"-the general standard in civil cases, and "beyond a reasonable doubt"--the standard in criminal cases.

In the Maryland Standardized Jury Instructions, used by all Maryland lawyers in preparing instructions to be given to juries to help them decide cases, the standard is defined as follows:

"To be clear and convincing, evidlence should be 'clear' in the sense that it is certain, plain to the understanding, and unambiguous and 'convincing' in the sense that is so reasonable and persuasive as to cause you to belive it. But you need not be convinced beyond a reasonable doubt."

If you want to see how the standard was applied in various legal decisions, and have access to a legal search engine, you could research it that way. Obviously, it is difficult to compare the facts of another case to one you may be involved in.