Monday, August 1, 2011

Who has the Burden of Proof?

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Even experienced lawyers fail to force their opponents to meet the Burden of Proof.
  • It's like making your enemies "pay up", to prove what they say! 
  • You never have to prove you don't owe!
Nor are you required to prove your dog didn't bite your neighbor, or your driving didn't cause the accident.

Everyone demanding any right in court has a burden to prove they're entitled to have the court enforce the right!

If they can't meet their burden, they lose and, if you're the defendant, you win!

Of course, if you're a plaintiff, it's your job to meet the burden of proof to show you deserve the court's favor.

Knowing how the burden works (there's quite a bit more to it than I can explain in this short newsletter) gives you power to win instead of being just another victim!
The burden is always on the party making claims.
The burden is never on defenders - unless the burden shifts once the claimant meets his burden of proof.

In civil cases, the burden is met by presenting the greater weight of admissible evidence (sometimes called the "preponderance of evidence") in support of the fact elements necessary to prevail on at least one "cause of action" (explained in the course and essential knowledge, if you want to win).
In criminal cases, the state's burden is met only by presenting evidence that proves the fact elements of the crimes alleged beyond and to the exclusion of any reasonable doubt.

The burden of proof is always on the party asserting a claim, making a motion, demanding a right, etc.

Before a court can lawfully grant relief of any kind, the party seeking relief must carry his burden to prove he's entitled to relief ... whether the case is civil or criminal.
  • Some may say, "It's just your word against his."
  • That's never true in court.
One side always has the burden.
Just like in a tennis match, the ball is always on one side of the net!

The burden of proof may shift back and forth during a complicated lawsuit, depending on who claims what and when, however the burden is always on the side seeking relief at any particular moment, the party making a claim, the litigant moving the court, the claimant alleging a fact, etc.
Lawyers will try to put you "on the defensive".
Lawyers will try to trick you into struggling to prove a negative, e.g., that you didn't do something or that something did not happen. Don't get sucked in!

People who don't have the official Jurisdictionary "How to Win in Court" course go out of their way to show they were out of town that day or confined to a wheelchair or otherwise struggle to dis-prove something that is entirely the burden of the other side to prove.
This is what crooked lawyers do.
If a defendant ignorantly tries to dis-prove what his opponent has the burden to prove, his opponent is spared the labor of proving his case! The waters are muddied. The real issues get lost. The judge gets sidetracked. And YOU come out on the short end of the stick every time!

Smart people who use the official Jurisdictionary "How to Win in Court" course know how to move the court to take judicial notice that "the burden is on the moving party to prove whatever he claims" and, if the other side cannot prove what he claims, Jurisdictionary students know how to move the court for summary judgment and put an end to their troubles then-and-there!
Put the ball in the court where it belongs!
Learn more about the burden of proof and "How to Win in Court" ... without a lawyer!
Dr. Frederick David Graves, JD
May you find Strength in Your Higher Power,
 GranPa Chuck
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