This is in contrast to the language used by CACI 201, entitled “More Likely True—Clear and Convincing Proof” which says: “Certain facts must be proved by clear and convincing evidence, which is a higher burden of proof. This means the party must persuade you that it is highly probable that the fact is true.” (Emphasis supplied.) We infer two things from these definitions. First, the instructions show that the standards are the same in that they require a degree of belief that the version of one party is more likely to be true than the opposing party; but that, second, they differ in that the clear and convincing evidence requires that degree of belief that the likelihood of truth is much greater. In other words, they both deal with probabilities—that
