California, United States of America
The following excerpt is from Weiner v. Fleischman, 286 Cal.Rptr. 40, 54 Cal.3d 476, 816 P.2d 892 (Cal. 1991):
Proof by clear and convincing evidence is required "where particularly important individual interests or rights are at stake," such as the termination of parental rights, involuntary commitment, and deportation. (Herman & MacLean v. Huddleston (1983) 459 U.S. 375, 389, 103 S.Ct. 683, 691, 74 L.Ed.2d 548.) However, "imposition of even severe civil sanctions that do not implicate such interests has been permitted after proof by a preponderance of the evidence." (Id. at pp. 389-390, 103 [816 P.2d 899] S.Ct. at p. 691, citing cases involving proof in civil suits of acts that expose a party to [54 Cal.3d 488] criminal prosecution or disbarment.) As the United States Supreme Court stated: "A preponderance-of-the-evidence standard allows both parties to 'share the risk of error in roughly equal fashion.' [Citation.] Any other standard expresses a preference for one side's interests." (Id. at p. 390, 103 S.Ct. at p. 691.)
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