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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