Sunday, September 27, 2009

Plaintiff's Burden of Proof

In an architectural copyright trial, it is up to the plaintiff to prove, by a preponderance of the evidence, that the defendant infringed on their architectural work. Judge McAuliffe likened the determination to a set of scales in his jury instructions, and I love the passage:

"A preponderance of the evidence simply means that quantity and
quality of evidence necessary to persuade you that a party's
claim is more likely true than not true. Think of a set of
scales. At the beginning of the trial they are perfectly
balanced and even. At the end of the trial, if they have been
tilted by the evidence ever so slightly toward the plaintiffs,
then they have met their burden. On the other hand, if the
scales remain even, or if they tip ever so slightly in the
defendants' favor, then the plaintiffs have not met their burden."

No comments:

Post a Comment