Which of the following standards of proof is applied in cases where an agency's action encroaches on a legally protected right?
A) Preponderance of the evidence
B) Clear and convincing evidence
C) Beyond a reasonable doubt
D) Beyond a reasonable preponderance of the evidence

Question

Quizplus · Accepted Answer

When an agency's action encroaches on a legally protected right, a higher standard of proof is required than the usual preponderance of the evidence standard. In such cases, the clear and convincing evidence standard is applied, which requires a higher degree of certainty than preponderance of the evidence but not as high as the beyond a reasonable doubt standard used in criminal cases. Option A and D are not correct because preponderance of the evidence and beyond a reasonable preponderance of the evidence standards are lower than the clear and convincing evidence standard. Option C is incorrect because the beyond a reasonable doubt standard is only used in criminal cases.

Which of the Following Standards of Proof Is Applied in Cases