Virginia Jury Instruction - 3.2 Work Life Expectancy
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FAQ
In summary, the clear and convincing standard is higher than the preponderance of the evidence standard but lower than the beyond a reasonable doubt standard. It requires a high level of certainty in the evidence presented, but not to the same extent as in criminal cases.
Ing to the Supreme Court in Colorado v. New Mexico, 467 U.S. 310 (1984), "clear and convincing? means that the evidence is highly and substantially more likely to be true than untrue. In other words, the fact finder must be convinced that the contention is highly probable.
S Survival Action Law. The Code of Virginia ? 8.01-25 states every cause of action that is recognized in Virginia survives the death of the person who could assert the legal claim, the death of the person whom the claim is against, or both.
The evidence must be credible; the memories of the witnesses must be clear and without confusion; and the sum total of the evidence must be of sufficient weight to convince the trier of fact without hesitancy.
Virginia Code Section 8.01-419 is where you will find the tables for life expectancy. Right now, men are estimated to live an average of 74.7 years and women an average of 80 years. Yes fellas, the ladies are estimated to live longer!
In short, "clear" describes the character of unambiguous evidence, whether true or false; "convincing" describes the effect of evidence on an observer.
In order to prove something by clear and convincing standard the evidence must prove that it is ?substantially more likely than not? that it is true. There isn't an exact percentage you have to win by under this standard but a rule of thumb would be approximately 80%.