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Burden of proof (law)
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==== Some credible evidence ==== Some credible evidence is one of the least demanding standards of proof. This proof standard is often used in administrative law settings and in some states to initiate [[Child Protective Services]] (CPS) proceedings. This proof standard is used where short-term intervention is needed urgently, such as when a child is arguably in immediate danger from a parent or guardian. The "some credible evidence" standard is used as a legal placeholder to bring some controversy before a trier of fact, and into a legal process. It is on the order of the factual standard of proof needed to achieve a finding of "probable cause" used in ''[[ex parte]]'' threshold determinations needed before a court will issue a search warrant.{{citation needed|date=January 2020}} It is a lower standard of proof than the "preponderance of the evidence" standard. The standard does not require the fact-finder to weigh conflicting evidence, and merely requires the investigator or prosecutor to present the bare minimum of material credible evidence to support the allegations against the subject, or in support of the allegation; see ''Valmonte v. Bane,'' 18 F.3d 992 (2nd Cir. 1994). In some Federal Appellate Circuit Courts, such as the Second Circuit, the "some credible evidence" standard has been found constitutionally insufficient to protect liberty interests of the parties in controversy at CPS hearings.{{citation needed|date=January 2020}}
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