Burden Of Proof in Civil Cases Research Paper Example | Topics and Well Written Essays - 1500 words

Burden Of Proof in Civil Cases - Research Paper Example There is considerable literature that argue against the principals of the burden of proof. The statistical element of preponderance standard as construed by †¦ is not optimal, and he argues that that the adductive approach is used to quantify the degree in which evidence should be relied on. Since the burden of evidence is classically charged on the plaintiff. The burden of evidence makes the judicial process simpler but exposes the court to errors. The outcome of the case is dependent on the evidence presented by the plaintiff. The trial process may work in favor of the defendant especially in occasions where matters involved are not recordable. This article argues that despite the importance of the burden of proof in establishing liability of the defendant, it marked by considerable shortcoming that has led to inaccurate verdicts. The burden of proof is a critical aspect of adjudication systems. Louse Kaplow in his journal acknowledges that this concept has been subjected to minimal normative analysis. This article will explore the concept of burden of proof in civil litigation and how it hardly works in our adjudication systems (Kaplow, 2014). The litigant assumes the status quo. The plaintiff is charged with the responsibility of proving a claim by factual presentation beyond a reasonable doubt. The burden of prove creates a passive and just legal environment where the complainant shows a case while the defendant establishes some defense facts. There are classical norms and standard that the evidence presented should lie within. The plaintiff will present evidence that is considered by judge/jury for possible conviction of the defendant. The defendant does not have to proof his/her innocence but in the state stands in a court of law as a reference point.