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Casey is on trial under criminal allegations that she engaged in fraudulent behavior at the company she manages. She is worried when the plaintiff alleges

Casey is on trial under criminal allegations that she engaged in fraudulent behavior at the company she manages. She is worried when the plaintiff alleges that it has "unambiguous proof" that Casey is guilty. Which of the following is most likely true?

  • If the plaintiff provides proof only up to the level of "clear and convincing," Casey can still be acquitted.
  • If the plaintiff does have unambiguous evidence that meets a "clear and convincing" burden of proof, Casey will most likely be found guilty.
  • Casey need not worry about the plaintiff's evidence, since parties tend to boast about the level of proof they can establish anyway.
  • The plaintiff will most likely prove Casey is guilty, since criminal charges only need to meet a prima facie burden of proof.

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