Sentences with phrase «jurisdiction by a preponderance of the evidence»

In the Federal litigation scheme, the party asserting Federal court jurisdiction bears the burden of proving subject matter jurisdiction by a preponderance of the evidence.

Not exact matches

It is defined differently in different states and jurisdictions, however, most jurisdiction, including California define the civil lawsuit proof standard as «by a preponderance of the evidence» for most types of claims and, the slightly higher standard of «clear and convincing evidence» for claims for punitive damages (damages meant to punish the defendant rather than just compensate the victim).

I can also argue by analogy to the preponderance of evidence floor set not only in federal law, but also in the law of the sister jurisdictions of Maryland and the District of Columbia (but watch out for hostility by some judges towards those jurisdictions, to the extent they might view Maryland and D.C. law as too lenient for criminal defendants).