The 'comfortable satisfaction' standard of proof: applied by the court of arbitration for sport in drug-related cases

Davies, Chris (2012) The 'comfortable satisfaction' standard of proof: applied by the court of arbitration for sport in drug-related cases. University of Notre Dame Australia Law Review (UNDALR), 14. pp. 1-24.

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Abstract

The common law has developed many principles in relation to evidence, including two standards of proof, one for criminal cases and one for civil matters. Many sporting disputes are now settled by the Court of Arbitration for Sport (CAS) and it utilises a third standard of proof, namely 'comfortable satisfaction', which is defined as lying in between the criminal 'beyond reasonable doubt' and the civil 'balance of probabilities'. Despite stating that it is not bound by the rules of evidence, an examination of CAS drug cases indicates that it operates in a similar way to common law courts in regards to how it uses the evidence presented to it.

Item ID: 25597
Item Type: Article (Refereed Research - C1)
Keywords: sports law
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ISSN: 1441-9769
Date Deposited: 27 Mar 2013 00:32
FoR Codes: 18 LAW AND LEGAL STUDIES > 1899 Other Law and Legal Studies > 189999 Law and Legal Studies not elsewhere classified @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified @ 100%
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