Right to Assume Others Will Use Ordinary Care and Obey the Law
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FAQ
"Clear and convincing" means the evidence is highly and substantially more likely to be true than untrue; the trier of fact must have an abiding conviction that the truth of the factual contention is highly probable. (Colorado v. New Mexico, 467 U.S. 310 (1984).
In civil cases, the plaintiff must prove his/her contentions by a preponderance or greater weight of evidence.
?Clear, cogent, and convincing evidence? denotes a quantum of evidence or degree of proof greater than a mere preponderance, but something less than proof beyond a reasonable doubt.
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
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.
There are three standards of proof: (1) proof beyond a reasonable doubt (the highest standard), (2) clear and convincing evidence (the intermediate standard), and (3) preponderance of the evidence (more likely than not).
How should the new instructions be cited? The full cite should be to "Judicial Council of California Civil Jury Instructions (year)". The short cite to particular instructions should be to "CACI No. ."
CACI 411, entitled ?Reliance on Good Conduct of Others? provides: Every person has a right to expect that every other person will use reasonable care and will not violate the law, unless he or she knows or should know, that the other person will not use reasonable care or will violate the law.