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Legal Memorandum: Action against a Teachers' Certificates

Issue: What is the standard of proof in an administrative action against a teacher’s certificatess?

Area of Law: Administrative Law, Administrative Law & Regulation (Federal and State), Litigation & Procedure
Keywords: Action against teachers' certificates; Standard of proof; Preponderance of credible evidence
Jurisdiction: New Jersey
Cited Cases: 67 N.J. 47
Cited Statutes: None
Date: 11/01/2009

The standard of proof in an action against teachers’ certificates is the “preponderance of credible evidence”; that is, the “greater weight of the evidence.” See Cumberland Farms Inc. v. Moffett, 218 N.J. Super. 331, 341 (App. Div. 1987); State v. Lewis, 67 N.J. 47 (1975). Credibility of witnesses “is derived from an assessment of the rationality, internal consistency and manner in which testimony ‘hangs together’ with other evidence.”  In re Certificate of Ferreira, Agency Dkt. No. 0304-136, at 27.

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