Forum: The Racing Rules of Sailing

Rule 18,2 (e) Reasonable Doubt

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John Quirk
Nationality: New Zealand
If someone could please set me straight for my own ongoing training (and while spoken of in another aligned posting on RRS standard of proof), as follows:
  • it was  established before, that: for rule 69, uniquely, we have 'comfortable staisfaction' and for all other rules we have 'balance of probabilities' ("(unless an applicable rule requires otherwise)").
  • However, I now see that in 18.2 (e) it uses the term 'reasonable doubt' (being of course a higher standard again than the aforementioned standards).

Is this correct?
Created: Today 03:21

Comments

Format:
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John D. Farris
Nationality: United States
I don't think rule 18.2(e) changes that overall test. It just says: if the committee isn't sure whether an overlap started or ended in time, it must assume it did not.
Created: Today 03:46
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John Quirk
Nationality: New Zealand
Maybe just the RRS authors choice of words then John...yes, the committee action is clear enough - but just generally speaking, a very well used and known term though of course.
Created: Today 04:07
Wayne Balsiger
Nationality: United States
See <%= Case_link('122') %> that reviews the three standards.

This is the start of Answer 1.  There is much more in the case.

Answer 1
‘Comfortable satisfaction’ is one of three standards of proof commonly used in
courts of law or arbitration hearings. The other two standards are ‘proof beyond
a reasonable doubt’ and ‘balance of probabilities’. The ‘proof beyond a
reasonable doubt’ standard is the strictest of the three standards. It is usually
reserved for serious criminal cases. The ‘balance of probabilities’ standard (also
sometimes referred to as the ‘preponderance of the evidence’ standard) is the
least strict of the three, and it is widely used in civil legal proceedings.
...
Created: Today 05:32
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