How is the burden of proof established in Admiralty Law?
In Admiralty Law, the burden of proof is established by the plaintiff. This means the Plaintiff is responsible for providing evidence to support the claims they are making. The Plaintiff must establish their case by presenting facts that are relevant to the issue and persistently providing evidence for each and every fact in the case. The burden of proof is critical in Admiralty Law cases because it helps the courts determine if there was indeed a violation of maritime law. For example, if the Plaintiff claims there was an injury due to a collision between a ship and another vessel, they must prove that the collision was indeed due to the negligence of the other vessel. The Plaintiff must present facts that prove that the other vessel was responsible for the collision. This means providing evidence that it was the other vessel’s fault and not the Plaintiff’s. In Nebraska, the burden of proof is determined by the court according to the evidence presented by the Plaintiff. The court will examine all evidence presented and determine if the Plaintiff has met the burden of proof. If the court agrees that the Plaintiff’s claims are supported by the evidence, then a judgment can be made in favor of the Plaintiff. Therefore, it is the responsibility of the Plaintiff to provide adequate evidence to prove their Admiralty Law case.
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