How is the burden of proof established in Admiralty Law?
In Admiralty Law, the burden of proof is the responsibility of the individual or party making the claim. The person or party making the claim must prove their case by a preponderance of the evidence, which means more likely than not. This type of burden of proof is known as “preponderance of the evidence” and is the lowest standard of proof in the legal system. The preponderance of the evidence standard means that all evidence must be weighed to determine which version of the facts is more probable. The person or party claiming must provide evidence that persuades the court that their version of events is more likely to be accurate than the opposing version. This standard does not require absolute certainty, but merely that the facts presented are more substantiated than not. In Massachusetts, the burden of proof is based on the legal system of preponderance of the evidence. This means that the person or party bringing a claim against another must be able to prove that their version of events is more likely true than the version being offered by the other side. The burden of proof remains with the claimant throughout the entire process. This means that they must be able to demonstrate upon a balance of probabilities that their argument is more probable than not. If the claimant fails to prove this, they may not succeed in their case.
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