preponderance-of-the-evidence standard and the criminal beyond-a-reasonable-doubt standard. Clear and convincing evidence requires the trier of fact to have a"firm belief" that the facts have been established. The clear-and-convincingstandard, though not used nearly as often as the other two standards, has beenapplied to some civil cases, including suits seeking the reformation of a contract.In addition, theSupreme Court of the United Stateshas held that the clear-and-convincing standard is the constitutionally required burden of proof in a civilcommitment proceeding (
Addington v. Texas
, 441 U.S. 418, 99 S. Ct. 1804, 60 L.Ed. 2d 323 ).
Johnson, Calvin H. 1997. "IRS Restructuring: Burden of Persuasion vs. Burden of Production."
77 (November 3): 624.Rothstein, Paul F. 1981.
2d ed. St. Paul, Minn. West.Sprung, Marshall S. 1996. "Taking Sides: The Burden of Proof Switch."
New York University Law Review
71 (November): 1301–37.
Stratton, Sheryl. 1998. "Burden of Proof Shift—Making Sense of a Political Provision."
80 (August 24): 887–9.
DUE PROCESS OF LAW
fundamental, constitutional guarantee that all legal proceedings will be fair and that onewill be given notice of the proceedings and an opportunity to be heard before thegovernment acts to take away one's life, liberty, or property. Also, a constitutionalguarantee that a law shall not be unreasonable, Arbitrary, or capricious.The constitutional guarantee of due process of law, found in the Fifth and FourteenthAmendments to the U.S. Constitution, prohibits all levels of government from arbitrarilyor unfairly depriving individuals of their basic constitutional rights to life, liberty, and property. The due process clause of the Fifth Amendment, ratified in 1791, asserts that no person shall "be deprived of life, liberty, or property, without due process of law." Thisamendment restricts the powers of the federal government and applies only to actions byit. The Due Process Clause of the Fourteenth Amendment, ratified in 1868,declares,"[N]or shall any State deprive any person of life, liberty, or property, withoutdue process of law" (§ 1). This clause limits the powers of the states, rather than those of the federal government.The Due Process Clause of the Fourteenth Amendment has also been interpreted by theU.S. Supreme Court in the twentieth century to incorporate protections of the Bill of 3