Law, Precedents, Court Rules, Civil and Criminal Procedures, and Judicial Practices

Question 1

What are 3 levels of legal proof in order of stringency?

Answer 1

Least: Preponderance of evidence
Medium: Clear and convincing evidence
Most: Beyond a reasonable doubt

Question 2

What level of proof is required in a personal injury proceeding?

Answer 2

Preponderance of evidence

Question 3

What is “clear and convince evidence”?

Answer 3

The evidence must have a substantially greater than 50% likelihood of being true

Question 4

What is the minimal standard level of evidence needed for civil commitment?

Answer 4

Clear and convincing evidence
(Addington v. Texas)

Question 5

What is “proximate cause”?

Answer 5

The connection that must be established between the legal wrong and the damage or injury caused to the person. Tort law (civil)

Question 6

What does it mean to be of “sound mind” in regards to the testator (will-maker)?

Answer 6

-knowledge they are making a will
-knowledge of the nature and extent of their property
-knowledge of the “natural objects of [their] bounty” and the manner in which the will they are making distributes their property

Question 7

What is the difference between M’Naghten test and Durham rule in insanity defenses?

Answer 7

The M’Naghten insanity defense is cognitive and focuses on the defendant’s awareness The Durham rule focuses on the defendant’s ability to control conduct.