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[DOC File]FACULTY PEER ASSESSMENT - City College of New York
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The Postal Service contends that the presentation of “clear and convincing evidence” is not the appropriate standard of review for this issue. It contends that the “law requires application of a standard no higher than the ‘preponderance of the evidence.’” Motion at 1. The Commission finds the Postal Service’s argument premature. The Postal Service has not produced evidence that ...
explaining clear and convincing evidence

[DOC File]Filed 6/30/05
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The court based its decision to terminate parental rights on its conclusion that it had been proven by clear and convincing evidence that Anthony had abandoned Aubrey within the meaning of section 7822. With respect to Anthony’s credibility, the court found that Anthony repeatedly had lied in his testimony, including when he stated that he had been sober since 2013 and denied that he had ...
clear and convincing evidence examples

[DOCX File]ORDER NO - Postal Regulatory Commission
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“In the absence of clear and convincing evidence that applicant acted in bad faith, we conclude, on this record, that applicant did not commit fraud.” Hurley International LLC v. Volta, 82 USPQ2d 1339 (TTAB 2007) Opposition – motion for summary judgment as to claim of fraud granted. The application would have been refused but for applicants’ misrepresentation regarding their use of the ...
clear and convincing burden of proof

[DOCX File]CHAPTER 3
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Clear, convincing and consistent evidence of the student’s ability to communicate complex and distinctive ideas, concepts, or themes: or meaning and personal intent as manifested in highly original works of art Clear evidence of the student’s ability to communicate complex and distinctive ideas, concepts, or themes: or meaning and personal intent as manifested in highly original works of ...
clear and convincing evidence percentage

[DOCX File]The Care and Custody of Aubrey - California Courts - Home
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However, refusal under this section shall be sustained by clear and convincing evidence. If an agency invokes KRS 61.872(6) as a basis for the nondisclosure of requested records, it bears the burden of establishing, by clear and convincing evidence, that the request places an unreasonable burden on it. This burden is not sustained by the bare allegation that the request is unreasonably ...
clear and convincing evidence standard

What is Clear and Convincing Evidence? - Definition from Justipedia
The standard set out in this instruction of “clear and convincing evidence” should be used by the court when determining under section 13-21-102.5(3), C.R.S., whether a jury damage award for noneconomic loss or injury in excess of $250,000 (periodically adjusted for inflation) is “justified” or whether any jury damage award for derivative noneconomic loss or injury is “justified ...
clear and convincing proof

[DOC File]4
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QUALITY/DIMENSION 4=Clear, convincing and consistent evidence 3=Clear, but not consistent evidence 2=Limited . evidence 1=Little or no . evidence Developing in-depth knowledge about the world: The instructor presents both a breadth and depth of content that is in line with the professional standards of the discipline. The instructor clearly presents differing theories and points of view that ...
clear and convincing evidence california

[DOC File]00-ORD-155
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To order commitment, a mental health court has to find, by clear and convincing evidence, that a mentally ill person is likely to cause serious harm to self or others or must be in such a deteriorated condition as to be considered “dangerous.” The lack of guidelines for the court when requiring out-patient services and lack of clarity as to the meaning of the language in the deterioration ...
preponderance vs clear and convincing

[DOC File]Case
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The prohibition of section 21350 does not apply if “[t]he court determines, upon clear and convincing evidence, but not based solely upon the testimony of any person described in subdivision (a) of Section 21350, that the transfer was not the product of fraud, menace, duress, or undue influence.” (§ 21351, subd. (d).) Thus, where a donee is a care custodian, there is a rebuttable ...
explaining clear and convincing evidence

[DOC File]BILL ANALYSIS
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D May present a central idea rather than a thesis. Evidence is not convincing. Connection between evidence and central idea not always clear. Contains either many mechanical errors or a few important errors that do impede understanding. May have random organization, lacking internal paragraph coherence and using few or inappropriate transitions ...
clear and convincing evidence examples

Clear and convincing evidence meaning