Burdens of proof in a civil lawsuit
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- เผยแพร่เมื่อ 28 ก.พ. 2014
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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). Criminal cases have a higher standard of proof because of the potential consequences (imprisonment).
As this video 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 between winning or losing your real estate case. You cannot shift the burden in all cases, however, only where the statute or case law permits it.
PREPONDERANCE OF THE EVIDENCE STANDARD
The first standard is the "preponderance of evidence standard. Some call this the "tug of war" approach or the "51% rule." This is typical in California civil court cases. The question becomes "is it more likely than not" that the wrongdoing occurred, for example, a breach of contract or a sexual abuse case against a church or clergy.
See our video on AB 218: • AB 218 LANDMARK law fo...
CLEAR AND CONVINCING EVIDENCE STANDARD OF PROOF
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). This requires a Plaintiff to prove to a higher degree of certainty that the facts alleged actually occurred.
BEYOND A REASONABLE DOUBT - CRIMINAL LAW STANDARD
Finally, there is the very high standard of "beyond a reasonable doubt" (this is the criminal law standard in most cases). This is important to try to ensure that innocent people do not go to jail. The old saying is we would rather have a 1,000 guilty people go free than to have one person wrongfully spend time in jail. Just think if that one person was you. So, this is the highest standard in the United States justice system. This requires a prosecutor to prove EVERY ELEMENTS OF A CRIME BEYOND A REASONABLE DOUBT. People can debate what a "reasonable doubt" is but that is the subject of another video. MAKE SURE TO SUBSCRIBE!!
Again, there may be other standards depending on the law or statute involved (EX. "STRICT LIABILITY") and/or the jurisdiction.
This is general legal information only and not specific legal advice.
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I am officially hooked on your explanations. Thank you so much.
Glad you like! SV
This fella is awesome, genuine and simple to understand.
Thank you!! I am studying for a test and this is very helpful.
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. :)
Thanks, will keep an eye on that.....
Hi there! Can I ask? I have a friend before who gives me money, I really didn't ask for it. And now he's threatening me to send his money back or else he will file a case against me.
Is it possible that he can really do that even though he's the one who gives me the money?
@@attorneysteve does an unrebutted affidavit, properly administered to the potential defendant, become part of the preponderance of evidence ?
@@charyrosearnejo5040 m be on CNN
@@charyrosearnejo5040 what happened to your case? Was the person able to go after you for it?
I'm studying as a paralegal and you make the explanations easy for me to understand thank you!
Excellent presentation that can empower the Plaintiff in the Civil Trial. Research the history of the wrongdoers and compile circumstantial and direct evidence as well as securing credible witnesses. Jury Trials really help.
Steve. You have very informative instructional videos. Three Questions: 1. How is preponderance of the evidence weighed? 2. When does a civil case cross the line into criminal territory? 3. Covid related question: Have you seen statutes of limitations extended in part because of Covid restrictions? 4. Bonus question: Please speak to venue changes for health reasons e.g. the complaints began in a CA County and continued in a CA county 120 miles away? 5. A double bonus question. The initial case began as a trust and probate issue, it has morphed into civil, from civil there are potential criminal elements. All this took place over a 20 years period of time. Thank you.
Very clear and useful for a mock trial participant. Thank you so much
Thanks Alot!!!!!!! easy to understand, easy flowing lecture . (better than some of my law professors) lol
Man you turned the lightbulb on in my head now I see how it works….. I need to speak to you sir
Legal mindmap. Once you see it, you believe it!!
I love you cop watch stuff.
LOL Amy, you have a very good eye! My niece painted those on me for her birthday and I just went with it!! : )
Steve Vondran What do I do for Landlord tenant retaliation for asking landlord to repair or will withhold rent? If do it without a attorney?
Thank you so much for this clear and thorough walkthrough. Excellent content.
Good information laded out for the simple folks who might like to litigate. Thanks
Thank you for doing this videos. They inspire me to go to law school.
You are welcome. I have always said my videos were designed to educate and inspire!
Great advice, thanks.
May I suggest the Sennheiser G3 wireless mic system?
Thank you
Attorney Steve….Horrible Drawings….
EXCELLENT ABSOLUTELY EXCELLENT COMETARY and EXPLANATION!!!. BRAVO ZULU!
LOL, you are right, I can barely drawe a stick figure without messing it up!! Hahaha. Steve
@@attorneysteve I meant that in the most kind way…😆
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.
Let me see what I can do. I am a bit slammed right now but will put it on my list. Stay tuned!
good lecture
You are welcome!!
Steve Vondran Wow!! Thank-you Steve......I learned more from you than my own attorney....Lol
Law student from kenya Africa thank you sir
Great!! YOU ARE WELCOME!! See you at the bar!! Steve
Thank you.
Perfect and clear explanation! Thanks a lot!
Alright, that's what I like to hear! Thank you! Steve
Great information .. thank you Steven
You are welcome!!
Steve , there is no other lawyer I have talked to like you. I’m in OC California and have several cases. I left your office a message this am.
Thank you!
My pleasure! SV
thank you.
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!
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.
AS ALWAYS; THE BEST INFORMATION IN SHORT REVIEW THAN ALL THE REST
Love it!! Thank you!! Steve
how long (pages) can the complaint be?
such a great attorney and excellent service you provide to your audience - please bring your audio capabilities up to par with your legal aptitude, invest in a good mic! thanks for your content!
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
Very good explanation Steve. Looking for move videos for us to understand the complicated text in front of us
Thanks, I will be working even harder in 2018 to bring great legal information videos to TH-cam!!
Attorney Steve am very advanced the judge told me I knew the proceeding very well
Excellent!! Nicely done Ricky. SV
“ This is attorney Steve Whiteboard.” 😂😂😂😂
What happend to me was a Rodney king beat down. I was arrested spent a day in jail. Resitng and fleeing assault on a police officer Charges were later dropped . This happened on January 18, 1985. In short of killing police officers I have no case because of the statute of limitations.
wow I’m just looking how to do my burden of proof to the defendant that i find hard to do.
🙏🏿🙏🏿🙏🏿👍🏻👍🏻🎩🎩👌🏻👌🏻
I wonder if anyone can help me. I've been going through some serious financial hardship to put it mildly. I've Neve been serve but was told by a friend to check for any judgments. I Din't find any judgments on my Credit Report. But when I went to the NYcourt website I found 2 old cases. ( Different cases) and different law firms. (The filling date) on both cases was on the same year 2011 but both different months. Fast forward to 2017 Both cases say (Disposed). And on both the (Disposition Date) and the (Disposition Year) is the same. Btw, I just found all this out a few days ago 2019, I don't know what all this means. Thank you.
Well Done
thank you!!
Thank you again.!! You’ve covered most all material points. I’ve come to the determination that ignorance of the “law” is a malignant epidemic... Why..because people are running around performing “jobs” & tasks without a clue.. as to what the heck they’re really doing.
Education can free you and empower you!! : )
Uncle chabs did a very good job😁😁😁kudos
Yess!!
SUPERB!!
Thanks Roadrunner!
Thank so much for your clear explanation of the different types of handling a civil law suit. And l will get in touch with you if you are so kind and allow me
You are welcome!! Steve
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?
Hi, Steve, can I apply for a motion for Tax Fraud ( my formal husband) did joint tax without my consent and forge my signature for 18 years to take tax refund by himself, could you advise me please if I can apply a motion to get my money back, thanks.
Thank u universallysend THANK YOU
You got it, glad you liked the content!! Steve
You are a beast.I like you a lot.Learning a lot from you.
LOL. thanks.....I have a passion for teaching, and to a degree, entertaining!! Steve
Great, thank Steve....and the boxing gloves on the wall? For when the frustration of the legal process gets too great?
It's symbolic of the fight one my face while in litigation.
@Steve Vondran - Is it possible for me for example to obtain video surveillance from a business I'm suing?
How might I go about that? Please.
subpoena like you would a civillian but on the form it has a box for a corp. i had to for sams club footage.
love it..!!
I need lawyer in Lynn Mass. Civil liberty litigator who only handles multi million dollar judgements
Steve: From time to time I was called to serve on a jury. On a couple of occasions, I was called to serve on a mock jury. What are the types of juries, and what is the role or purpose of a mock jury in the court system?
Hi John, good question. Let me add Understanding Juries 101 to my video list! Great topic!! Steve
*Mock trial
Hi Steve, I want to sue a smog shop who sabotage my vehicle to fail the smog test hoping I would let them do the diag. and repair of the vehicle in my option. I file a complaint to the B.A.R. SHOW them my evidence. they went and talk to the guy and he adamantly denied doing any thing. so they closed the case and said I could try and sue them in civil court. so scents, it's my word against his word. Could I pay for a polygraph test just put into evidence that I'm telling the truth that i didn't do anything that would cause it to fail the smog test or doing anything to incriminate the defendant by tampering with the evidence. would A calif. civil court judge allow my Polygraph test ? I hope I said this right.
Sounds interesting, best of luck!! SV
Thank you Steve I give up cousin took it all away from me.my parents property were I was born.
Thank you SO much, I need Ca rules on 4 litigation actions. I know no one will see this comment but I need HELP!.
So.. I was going to ask you about the switch on burden the the said from fiduciaries. I am in Texas - xoxo thanks
Hello Steve,
Would you please write a motion for default and a motion for default judgment. That way we can know exactly how to word it. And exactly how it should look. Additionally would you please write an order for default and default judgment.
The judge said to Lock my cat in the bathroom for 4-5 hours. That is animal abuse. Horrible
Did you file an appeal?
What case if i felt harassed and they issued multiple violations WITHOUT DUE PROCESS without informing me.I haven't signed anything. I just received multiple in bulk violations in my mailbox.
Thank you for your videos! Could you make a video explaining what is a Cross complaint? Your channel is awesome.
Yes, I will do that. Good topic! And thank you! Steve
Thanks for your help. You rock! I love your black nails, when I see them.
Thank you Sir, for taking time to make these videos. And, your simple explanation laid my path.Ty sir. I will be in touch should I have a Question . At your Convience ,Sir! Matthew Coleman Orlando, FL.
Vondeezy, law made easy!
I need a lawyer bay area , I been through all this
You tha man! Thnx
Thanks for watching!!
for critical matters , home ministry having privilege providing investigation report to claim court for better judgement .
What is home ministry? Also keep in mind that not everyone has the same faith so one person cannot override another person about their personal beliefs even if they are family members. The Bible does not condone the manipulation of facts, information, or people as no one should bear false witness against their neighbor (that is anyone that isn’t yourself).
This was great!!! I enjoyed your teachings and your informative video!!
Thanks Nicole!! Have a great day! Steve
Great videos! What are the websites/resources to view civil trials online?
I like Court TV - www.courttv.com/programming/trial-archives/
Your audio got scratched by your shirt sir… but thank you for all your work .. love the layout also
Funny, yeah that was my old mike system and it had some problems.
I need to file a lawsuit on Permissive Waste in NC.
what is standard of proof in criminal cases
Let me ask you a question then… in a small claims suit against a car insurance company where you are claiming diminished value from a car accident and the insurance company is just completely denying it, if you have a diminished value appraisal report from an expert, is that enough proof for POE?
excellent
Thanks~~
today my paper was on
law of evidence and
your lecture helped me
thanks
How do you factor in the " Politics " of the matter in your equation .......?
I have more than enough evidence
Would POE = the weight of evidence?
I would say yes, very similar for sure. Enough to tip the scales in your favor!! Steve
What if you in case. Tenant landlord case. And in this case. You have the plaintiff and the defendant lawyer. Want to settle. But the lawyer's client at hand. Is becoming a stalemate. Cause they not trying to settle. The lawyer said. He gonna meet with them again. To try and see if they settle. Cause he doesn't wanna go the distance. Cause it's pointless in this case. To take to trial . Now if he comes back and his clients don't. Wanna settle,so which should be my next step? Should it be Judge summary? Or??
What about my home? Gone :/
I will reach out, when able.
do you practice nationally?
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
Wow. What are BAR Members going to do within two years? 😅
What about discovery?
I have a case going on. I've called today and briefly summarized what happened to the lady to see if The attorney Steve May be able to give me some legal advice. I'm going against my friend who's residing in California for breach of contract and conversion of my production tapes into his own. I don't think this is a good place to disclose all personal info. I'm In Florida, but the case can be taking place in CA. I really need to have a consultation with the attorney and I don't mind paying. Please advise. I'd truly appreciate your time. The production tapes he rented from me has been put on social media as a marketing tool for his commerical website. After he got my tapes, he announced himself to be the Original producer of those said tapes. Furthermore, He even reuses the name of the coporation who produced these tapes back then for his own business because this corporation has been dead for years.
Contracts
Anything in particular? SV
can you do a Video on Pretrial Conferences.
just put it on my list! thank you for the idea!! Steve
Have to get your audio correct. Good material, terrible sound.
This is one of my early videos (didn't really know much about sound quality)!!
Why doesn't the burden of proof apply to family court?
Need counsel
attorney steve whiteboard needs a smart board
Funny you say that, I have been thinking about that. Any ideas? I saw one called Vibes that looked cool!! Thanks for tip! Steve
@@attorneysteve I have the smart brand and I bought mine specifically to defeat the prosecution in zoom court, because it's no longer innocence that insures freedom but who can present the best case, if your interested I can point you to the case I'm referencing, and you might find it pretty interesting.... no I can assure you would
@@attorneysteve here is the smart board though th-cam.com/video/ONRB_KD1oYY/w-d-xo.html
How easy are they to use ?
each level going up demands a higher level of proof (certainty). SV
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
Do you do prevailing wage law suits sir?
Sorry, I don't. Steve
Would you someone that does all 50 states sir?
Im talking to help thousands of my fellow truck drivers
how do i get pro bono SDONY ,,
all charges dropped now im going pro se after the DA and the MUNICIPALITY
Go get em!!!
@@attorneysteve I think I'm going to become an attorney, I feel like helping others that would have trouble interpreting case law and doing everything I have had to do... my court appointed attorney agreed to let me shadow him, my friend a retired attorney says i have a better mind for this stuff than most attorneys he knows...i have two suits 1 - willful misconduct, unlawful arrest, unlawful search and seizure, conspiracy,, intimidation, malicious prosecution,n tresspassing 2 -everything in the first minus trespass and add excessive force along with 1st, 4th, 5th, 6th, 14th amendments violation
@@phi31411 good luck
@@cassandrabryant5263 oh its getting interesting...... th-cam.com/channels/0bTll6V9gJV4Bkt8H7yd1A.html
@@attorneysteve studying law I now figured out I can only go after the officers in their individual capacity because I didn't give them the notice in the first 6 months..... they have that like that for this reason exactly..... takes you that 6 months to figure that out
How do you switch the BOP back over to plaintiff where it belongs?
Typically, Plaintiff's bear the burden of proof. But there are laws like California elder abuse laws where sometimes the burden will shift to Defendants. Law is full of nuances. SV
@@attorneysteve yes, thank you. I was never given or shown anything to justify their actions for arresting me & seizing my property. Arrested, no due process. Used criminal proceedings in an improper manner. No crime was committed. My 1983 claim.
"...made it to the end of the line.. "
My exboyfriend and I made an email agreement. He refuses now to comply.
hate to say it to you sir but bad ass!
I am the defendent in an ex parte emergency custody order that was based on the absent, unsupporting biological father's perjury. The judge did not require any evidence of him but required me to submit evidence in a short period of time, even though I'm self represented. The judge thinks he has this discretion, even in a context where he silenced and excluded me. There's so much corruption. At the end of the day, the judge is immune and the people are exploited. I think because ex parte's are temporary, they think the accuser doesnt need evidence. . .? But the child is still impacted when separated from their primary attachment figure and sole caretaker and provider without any accusation of abuse or neglect. So much corruption
Sound 🔊proofing is must😒😒😒