[conspire] legal ... criminal, civil, "beyond a reasonable doubt", "preponderance of the evidence", etc.

Michael Paoli Michael.Paoli at cal.berkeley.edu
Sun Mar 18 20:55:10 PDT 2018


Caveat: I am not a lawyer, nor do I play one on TV.

So ... "beyond a reasonable doubt", "preponderance of the evidence",
another was coming to mind (and wee bit 'o search to refresh the
wetware) ... "clear and convincing evidence"
https://en.wikipedia.org/wiki/Burden_of_proof_(law)#Clear_and_convincing_evidence
... e.g. used in (at least some) restraining orders, and certain other
matters ... falls somewhere between "preponderance of the evidence"
and "beyond a reasonable doubt".
Actually, Wikipedia has a pretty good listing of various US
legal standards for burden of proof ... quite a number of them
actually:
https://en.wikipedia.org/wiki/Burden_of_proof_(law)#Legal_standards_for_burden_of_proof

> Date: Wed, 22 Mar 2017 11:51:12 -0700
> From: Rick Moen <rick at linuxmafia.com>
> To: conspire at linuxmafia.com
> Subject: Re: [conspire] Contact DOJ and tell them to blow it out their
> 	ass
> Message-ID: <20170322185111.GW5838 at linuxmafia.com>
> Content-Type: text/plain; charset=utf-8

> I count (and, disclaimer, I'm just an interested amateur) three broad
> categories of law:  criminal, civil, and administrative.
>
> criminal:  The broad theory is that the defendant's alleged deed
>            injured the state as a whole.  The state pays the cost of
>            its side of a legal action called a 'prosecution' against
>            the individual, with the required standard of proof being
>            very high, something called 'beyond a reasonable doubt'.
>
> civil:     This literally _is_ a private dispute, heard by a judge.
>            Each side pays its own costs (unless and until a court
>            judgement or settlement orders otherwise).  The broad
>            theory is that one side alleges that it's been wrongfully
>            deprived of a right or property under contract or similar
>            entitlement.  The standard of evidence required is much
>            lower, 'preponderance of the evidence'.  Essentially,
>
> administrative:  In the USA Federal system, in order to make the utopian
>            'separation of powers' system (from French philosopher





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