a preponderance of the evidence, or to a "more likely than not" standard. A plaintiff can win without having an overwhelmingly convincing case. Great evidence is better, but merely good evidence is often sufficient. So long as a jury is 51% convinced that a plaintiff's allegations are true, a plaintiff has met this burden of proof. There are many complicated rules when it comes to how evidence may be presented. The rules of evidence prohibit many types of proof, and the assigned reading details some of them. ○ Eventually, the plaintiff will have presented (or tried to present) all desired evidence, and it will be the defendant's turn. Defendants do not necessarily have to present anything at all to win a lawsuit. If a plaintiff clearly fails to meet the burden of proof, a judge may grant a defendant's motion for a directed verdict and end the case in the defendant's favor. ○ Assuming that there is no directed verdict, defendants present their evidence during the second half of a trial. Defendants may call witnesses who contradict the plaintiff's witnesses or present documents that cast doubt on the plaintiff's evidence. Sometimes a defense will focus on a legal justification for an action that negates liability. For example, punching someone in the face usually creates liability. But if a jury can be convinced
You've reached the end of your free preview.
Want to read all 59 pages?
- Spring '08
- Law, Supreme Court of the United States, Appellate court