Litigation
Ca. Litig. Rev. 2020
Content
- 2020 Adr Case Review
- Appeals and Writs
- Art Law
- Class Actions: the Many-Headed Hydra of App-Based Driver Classification
- Employment Law: Statutory and Regulatory Changes
- Ethics
- Evidence - Trial Court Burdens of Proof
- Insurance Law
- Intellectual Property
- Justice Carol a. Corrigan
- Masthead
- Military and Veterans in the Law, 2020
- Table of Contents
- Evidence - Appellate Court Standards of Proof
Evidence – Appellate Court Standards of Proof
By Justice Michael J. Raphael
A legal doctrine, like a human being, can have a lifespan. One of them was laid to rest in 2020, yet we need not mourn.
I will call this California doctrine the vanishing standard of proof. Born in 1917 and reaching maturity in 1943, the doctrine was dealt a blow by the state Supreme Court in May in In re White.1 The Court then euthanized it in July in Conservatorship of O.B.2 Consider this the doctrine’s obituary.