In every civil case the parties have an obligation to present evidence in an attempt to persuade the judge or jury to decide the case in their favor. Each side’s evidence will be “weighed” against the other side’s evidence. Imagine a scale with evidence on each side. One side of the scale will be “weighed” down with a greater amount of evidence…meaning the judge or jury likes that side’s evidence more than the other side’s. In law, the winner of a civil lawsuit has the “preponderance of the evidence”…which is also known as the “burden of proof” in a civil case (the burden of proof in a criminal case is: beyond a reasonable doubt…which isn’t relevant to Employment Law). Do your own independent research and further identify what “preponderance of the evidence” and “burden of proof” mean. Explain how they relate to each other.
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