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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 176.12-1.8%Dec 16 3:59 PM EST

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To: slacker711 who wrote (54897)9/1/2006 9:20:04 AM
From: carranza2  Read Replies (1) of 196972
 
I dont know the exact legal standards

In most civil cases, a plaintiff must prevail by a "preponderance of the evidence", a loose standard. It's typically said that a litigant using this standard prevails if he has 51% of the evidence behind him.

Fraud and a few other things are judged more strictly using the "clear and convincing evidence" standard, a standard which is difficult to articulate but IMO opinion is closer to the very strict "beyond a reasonable doubt" standard used to convict in criminal cases than to the "preponderance of the evidence" standard.

I agree that Q never misled anyone. A fraud claim is not only legally difficult to prove but not justified.
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