Arizona Jury Instruction - 3.2 Civil Theft
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How to fill out Jury Instruction - 3.2 Civil Theft?
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FAQ
"Clear and convincing" evidence means evidence of such convincing force that it demonstrates, in contrast to the opposing evidence, a high probability of the truth of the fact[s] for which it is offered as proof. Such evidence requires a higher standard of proof than proof by a preponderance of the evidence.
Punitive Damages [Name of defendant] consciously pursued a course of conduct knowing that it created a substantial risk of significant harm to others. To prove this required state of mind by clear and convincing evidence, [name of plaintiff] must persuade you that the punitive damages claim is highly probable. PERSONAL INJURY DAMAGES 1 - State Bar of Arizona azbar.org ? media ? pi-damages-2018-1 azbar.org ? media ? pi-damages-2018-1
A party who has the burden of proof by clear and convincing evidence must persuade you by the evidence that the claim is highly probable. This standard is more exacting than the standard of more probably true than not true, but it is less exacting than the standard of proof beyond a reasonable doubt. STANDARD INSTRUCTIONS - State Bar of Arizona azbar.org ? media ? standard-instructions-20... azbar.org ? media ? standard-instructions-20...
Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.
In summary, a party who has the burden of proof by clear and convincing evidence must persuade the jury that his or her claim is highly probable. This standard is more exacting than the standard of preponderance of the evidence, but less exacting than the standard of proof beyond a reasonable doubt.
It can involve providing direct or circumstantial proof that something is highly probable as compared to its opposite being improbable. Under this standard, the party holding the burden of proof must prove that it is substantially more likely than not for something to be true.