West Virginia Jury Instruction - 4.1 Recovery Of Take-Home Pay
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FAQ
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.
In short, "clear" describes the character of unambiguous evidence, whether true or false; "convincing" describes the effect of evidence on an observer.
When jurors cannot agree on a verdict and report this to a judge, the judge may issue further instruction to them to encourage those in the minority to reconsider their position. These instructions are known as an Allen charge or, more casually, as a dynamite charge.
They shall take the oath required of jurors, and hear and determine the issue, and any two concurring shall render a verdict in like manner and with like effect as a jury of seven.
Before or after the closing arguments, the judge will explain the law that applies to the case. You must apply these instructions to the facts to arrive at your verdict. Keep in mind that you must follow the law as the judge states it to you, even if you disagree with it.
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%.
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.