Sentences with phrase «incorrect standard of proof»

Obviously in the remote example of a trial judge expressly stating an incorrect standard of proof, it will be presumed that the incorrect standard was applied.

Not exact matches

The issue arose as to whether the general commissioners had erred in applying the criminal standard of proof to the issues of whether there had been negligent submission of incorrect returns and whether or not there had been understated profits.

Husband also appealed the finding that he was habitually intoxicated, claiming that the family court applied an incorrect, prima facie, standard as the burden of proof.