How is the burden of proof established in Admiralty Law?

In Admiralty Law, the burden of proof is set by the party that is making the claim. This means that the party must provide sufficient evidence to prove their argument. In most cases, the party making the claim is expected to provide clear and convincing evidence to support their allegations. In California, the party making the claim must establish legal facts that, taken together, form a substantial basis for the court to decide in favor of their argument. This is an elevated burden of proof compared to the preponderance of the evidence standard which is used in other areas of law. To prove their case, the claimant must present evidence and testimony that is reliable and relevant to the issue at hand. Relevant evidence includes eye-witness testimony, documentary evidence, physical evidence, expert opinions, and circumstantial evidence. Additionally, the claimant has the onus of refuting any evidence presented by the defense. Overall, the burden of proof in Admiralty Law is set by the party that is making the claim and must provide clear and convincing evidence to support their argument. This is done through an examination of relevant evidence and testimony that is reliable and relevant to the issue.

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