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The clear and convincing standard of proof requires that the result shall not be reached by a mere balancing of doubts or probabilities, but rather by clear evidence which causes you to be convinced that the allegations sought to be proved are true.

Clear and Convincing Evidence Standard It's also called the ?highly probable? standard. In numbers, you meet the clear and convincing standard if the judge or jury believes there is a 70 to 80 percent probability that you are correct.

Last clear chance applies: (1) where plaintiff has negligently placed himself in peril from which he is physically unable to remove himself; defendant is liable if he saw or should have seen him in time to avert accident by using reasonable care; and (2) where plaintiff has negligently placed himself in peril from ...

All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, the Constitution of Virginia, statute, Rules of the Supreme Court of Virginia, or other evidentiary principles. Evidence that is not relevant is not admissible.

The judge will instruct the jury in each separate case as to the law of that case. For example, in each criminal case, the judge will tell the jury, among other things, that a defendant charged with a crime is presumed to be innocent and the burden of proving his guilt beyond a reasonable doubt is upon the Government.

When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.