New Jersey Jury Instruction - 6.1 Burden Of Proof When Only Plaintiff Has Burden Of Proof

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

The legal example: People accused of crimes are presumed innocent. The burden of proving that they are guilty rests on the prosecutor. The accused doesn't have to prove anything. If the prosecutor doesn't meet the burden, the presumption that the accused is innocent stands: Innocent until proven guilty.

?Clear and convincing evidence? is a medium level burden of proof which must be met for certain convictions/judgments. This standard is a more rigorous to meet than preponderance of the evidence standard, but less rigorous standard to meet than proving evidence beyond a reasonable doubt.

The burden of persuasion is the requisite degree of belief a party must convince a jury that a particular proposition of fact is true. Combined with the burden of production, the burden of persuasion makes up one half of the burden of proof.

?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 burden of proof determines which party is responsible for putting forth evidence and the level of evidence they must provide in order to prevail. In most cases, the plaintiff (the party bringing the claim) has the burden of proof. As an initial matter, they must meet the burden of production.

This means that the plaintiff must prove each element of the claim, or cause of action, in order to recover. This rule is not absolute in civil lawsuits; unlike with criminal offenses, laws may establish a different burden of proof, or the burden in an individual case may be reversed as a matter of fairness.

In simpler terms, this means that if you wish to prevail in your case using this burden of proof, then you must provide evidence that is more than just slightly better than a 50/50 chance of being correct. It must be sufficiently compelling to demonstrate that the outcome is overwhelmingly likely in your favor.

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New Jersey Jury Instruction - 6.1 Burden Of Proof When Only Plaintiff Has Burden Of Proof