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When there's a conflict, who has the Burden of Proof in a legal conflict? Plaintiff (accuser) or Defendant (accused)?
6 Answers
- ?Lv 73 years ago
If there is a plaintiff, this is a civil case and the burden of proof is "balance of probabilities". The judge has to decide who is more likely to be right and rule that way. This is not a criminal case, where the burden of proof is "beyond reasonable doubt".
- choko_canyonLv 73 years ago
Not all legal conflicts involve a plaintiff and defendant, but when there is someone bringing a criminal complaint against someone, they have the burden of proof. The plaintiff in such a case must supply evidence for their complaint sufficient to convince a jury of the defendant's guilt. Should the defendant perjure themselves on the stand during these proceedings however, that becomes a separate issue entirely.
- DON WLv 73 years ago
In our legal system, there's a presumption of innocence unless facts can be shown to indicate that the defendant has done something wrong.
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- Anonymous3 years ago
The plaintiff always has the initial burden of proof.