COMMENT
This instruction is derived from Fifth Circuit 2.14. For a variation, see Ninth Circuit 1.4.The clear and convincing evidence standard has been described as an intermediate standard of proof. See Cruzan v. Missouri Dep’t of Health, 497 U.S. 261, 285 n.11 (1990). It is used to protect especially important interests in a limited number of federal cases.
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Committee on Model Civil Jury Instructions // Third Circuit






