Tips & Tactics
Your Burden to Prove ...
You've heard people say, "It's your word against his."
That is not true in court!
One side always has a burden the other side does not have.
Jurisdictionary's 2-day step-by-step lawsuit self-help course explains this in detail to make your burden easy!
Whoever demands relief in court must present more evidence than the other side, i.e., the greater weight of the admissible evidence ... or lose!
This is the burden to prove in civil cases.
If both sides offer the same amount of evidence, the one who is demanding relief loses, because he has not presented more evidence than his opponent.
Picture the scales of justice. If both sides of the balance contain the same amount of evidence, the party demanding relief hasn't met his burden - so he loses.
It's not "your word against his".
Suppose your neighbor sues you for kicking her dog. She must prove you did what she says by presenting the greater weight of evidence ... or lose.
You are never required to prove you didn't do something.
The burden may shift back and forth during a complicated lawsuit, however the burden is always on the side seeking relief, making a claim, moving the court, alleging a fact, etc.
Some lawyers will try to put you "on the defensive". They'll try to make you prove something did not happen - like the kicked dog. If you don't know what Jurisdictionary teaches, you might go to great lengths trying to show you were out of town that day, or you were confined to a wheelchair, or you're a devoted dog lover. This is what the lawyer wants. If you try to prove you didn't kick the dog, the lawyer will be spared the effort of proving you did.
Jurisdictionary students are smarter than that. They will move the court to take judicial notice that the burden is on the other side then sit back and make the other side meet his burden of proof.
Put the ball in the court where it belongs!
This business of meeting the burden cannot be overstressed. Many cases are won on no more clever tactic than sitting back and requiring the complaining party to prove his claim.
If the party seeking relief cannot meet his burden, he loses.
Put the burden where it belongs.
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