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Burdens of proof in a civil lawsuit

Burdens of proof in a civil lawsuit

Attorney Steve® discusses the burden of proof in a civil lawsuit (ex. financial elder abuse case or copyright infringement matter), and for a criminal case (ex. criminal copyright infringement).

As this tape suggests, in some cases, such as potentially in a real estate elder abuse case, you can seek to shift the burden of proof to the opposing party Defendants. This can be the difference from winning or losing your real estate case. You cannot shift the burden in all cases however.

The first standard is the “preponderance of evidence standard. Some call this the “tug of war” approach or the 51% rule

Then, it moves to “clear and convincing evidence” (this is the standard in a real estate license accusation and often times in a fraud case depending upon your state).

Finally, there is the very high standard of “beyond a reasonable doubt” (this is the criminal law standard). This is important to try to ensure that innocent people do not go to jail.

Again, there may be other standards depending on the law or statute involved and the jurisdiction. This is general legal information only and not specific legal advise.


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39 Comments - Leave a Comment
  • OneM4n -

    this is my sons account my name is Josie Owens I neeed help with discrimination, retaliation, equal pay case. It is already to discovery I have plenty. I have no initial money it would have to be based on win percent.

  • James H -

    My judge verbally sexual assaulted me during civil courtroom proceedings and he said no video camera are on so I can't get video or audio of this. What do I do now

  • Irene Stamelos -

    mine is coming from tottenvillle high school even the bus drivers are particpating in character assination s61 yukon bus the mos disgracefull. bus company i havve ever seen

  • Doug styles -

    I was incarcerated for 5 days. I released my property, including house keys to my gf. When I got home,my house was burglarized. I have proof of her signing for my property at the jail. I have text messages from her starting,"I'm not releasing anything until u sign over your parental rights to our 6 month old daughter ". Is that good enough to file?
    I'm in Az

  • Free Will -

    I am proper in a federal suit against the police departments and counties for intentional false arrest with fabricated evidences, attempted malicious prosecution, retaliation, imprisonment without due process and property rights violations. When the defendants did not have the evidence for the arrest that they must prove the probable cause; they raised the discovery dispute that the case failed for prosecution because the cops were unable to access the phone. The court ordered to unlock the phone even it was withheld illegally for two years. No procedural safeguard and no supervision of parties, the judge allowed the cops to access the phone. The cops fabricated the arrest to "child porn found in hard drive" but later changed to illegal possession of firearm when they messed up and said "No child porn found in computer". When illegal possession of firearm failed again, changed to "Vandalism" with citizen arrest.
    The cops said they do not have defense for the prosecution unless they can access my phone and the court said it is reasonable because they have (fake) warrant. The warrants are all lies as we all knew and the inspector who wrote the affidavit of support claimed he observed all evidences and confirmed.
    How can the court ignored the damning facts and admissions but pressured us with threat to dismiss the case? I challenged the court if the court will dismiss the case for any reason against the laws.
    Why the judges are openly bias in many issues when the lawyer is the former co-worker and former employee of the judicial branch? What is the law that allow the cops to take what they want and refuse to return? Can the judges say it is legal to have the properties without probable cause or a case?

  • tami stone -

    Atty Steve, I am not an attorney myself but I do understand the nuances of microphones. Please attach your microphone on the outside of your tie or clothing so that it doesn’t rub against the clothing material. Your information is very useful but difficult to discern through all the chafing noise as you move about. 🙂

  • Aileen Palaran -

    Hi Atty. Steve! This video is really informative. I just have a question what if a plaintiff files a lawsuit on their employer for unpaid overtime, you were talking of burden of proof so I just wanna know what would be the best proof to show in a civil court for this kind of case. Thanks!

  • Judgment Proof -

    In my particular case, my dad's estate is the main plaintiff, I'm just a secondary with my lawyer. A theft was definitely discovered after dad died intestate and with Alzheimer's. The POA benefit herself by tampering with legal documents regarding his life insurance policy. The insurance company won't make it right and now there's to be a trial in May 2019

  • art hick -

    attorney Steve I just want to thank you for all the hard work that you've put in to educate us about the different Mysteries and secrets of the law. I was wondering if you can make a video on Shifting the burden of proof and when a plaintiff files a complaint and the defendant files a cross-complaint against another defendant how that whole shifting burden of proof happens with affirmative defenses if you can talk about that I would really appreciate it.

  • Dancing Dawn -

    Great Video too bad your not in Las Vegas I have proof that I'm in the middle of Medicare Fraud and the Company refuses to get me the right size powerchair and I received this chair in Jan2017 and I'm still in the chair …I need help

  • Joshua Norris -

    Hi do you or anyone you know know of any law or civil suit atternys that take a percentage out of the winnings? Please ask around i really need to handle this racial problem here. They are all ligit and for real. These are all hands down victorys. All you have to do is talk to named witnesses and get the camra evidence of the dates and times that i have listed which they will not give to me. Once i have an Atterny ill explain everything in person.

  • fox gamer -

    I have learned alot from your videos, I am fighting a mortagae company for selling us a house they didnt have title too! And after 5 years the Hoa does a rescission and cancellation of trutees deed to try and cover up the dirt! I dont know what to do next but if you have ANY pointers about this PLEASE PLEASE point me in that direction in Texas Law! Your AWESOME God bless if you would like to email me please do so at [email protected]hotmail.com God Bless You and Thanks for the videos

  • Hatsune Miku -

    Thank God I finally found a mature discussion on lawsuit court cases. What the fuck was up with all the comments on lawyers in videos? They all sounded very immature it seemed like it was planned for domination to take over the court on youtube online so that no one would have the knowledge and or accessibility to sue.

  • JeHeretic -

    tHE BURDEN IS ON THE PLAINTIFF AS LONG AS YOURE NOT THE PROSECUTOR!! in that case the judge bares the burden without proof its just cause "I said so"

  • John Whittaker -

    Good information. Question Please. Can I write a letter of intent Myself and Submit it Via certified mail or Do I have an Attorney do that?. Malpractice Claim Ware County Georgia.

  • EL MEXICAN MALCOM X -

    what if my job searched me without any burden of proof just hunch I didn't content tried to walk away and was threaten I'd get terminated so I said if you're going to search me you better search everyone else coming out of here

  • Aideen gonzalez -

    I had a case against me for alleged damages and excess mileage on a leased vehicle In NY. I argued that the Plaintiff didn't prove the actual damages or excess mileage and the burden of proof was on them.  the judge that heard the motion for a judgement said that the bill was the proof.  Even though they didn't have any proof of the actual damage or mileage just the lease agreement and a bill.  I have now found my paperwork from when I turned in the vehicle at the end of the lease proving no damages or excess mileage.  What can I file now to get that decision dismissed?

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