Michigan Jury Instruction - 6.2 Burden of Proof for Multiple Claims or if Both Plaintiff and Defendant or Third Parties Have Burden of Proof
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How to fill out Jury Instruction - 6.2 Burden Of Proof For Multiple Claims Or If Both Plaintiff And Defendant Or Third Parties Have Burden Of Proof?
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FAQ
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
?Preponderance of the evidence? means evidence that has more convincing force than that opposed to it. If the evidence is so evenly balanced that you are unable to say that the evidence on either side of an issue preponderates, your finding on that issue must be against the party who had the burden of proving it.
This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant's guilt in order to render a guilty verdict.
A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
When a party has the burden to prove any matter by a preponderance of the evidence, it means that you must be persuaded by the testimony and exhibits that the matter sought to be proved is more probably true than not true. You should base your decision on all of the evidence, regardless of which party presented it.
?Preponderance of the evidence? means evidence that has more convincing force than that opposed to it. If the evidence is so evenly balanced that you are unable to say that the evidence on either side of an issue preponderates, your finding on that issue must be against the party who had the burden of proving it.
The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial. The defendant must be found guilty ?beyond a reasonable doubt,? which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.
Petit Jury Petit juries, also known as trial juries, decide both criminal and civil cases. In a criminal case, a petit jury decides whether the Government has proved beyond a reasonable doubt that the defendant committed the crime as charged.