What is the difference between a claim and a defense in a business litigation case?
In business litigation cases, a claim and a defense are two important elements that must be established in order for a dispute to be resolved. A claim is when one party in a lawsuit makes an accusation or demand against another party. It’s the plaintiff’s obligation to prove those claims through evidence and testimony. On the other hand, a defense is when the other party disputes the accusations made by the plaintiff. These defenses are also supported by evidence and testimony, and the defendant has the burden of proving that their defense is correct. Ultimately, the purpose of a claim and a defense are to establish who is liable or responsible for the dispute. For example, if a business owner sues another business for copyright infringement, the plaintiff would have to prove their claim by providing evidence that the defendant did indeed infringe on their copyright. The defendant would then present evidence and testimony in their defense, in an attempt to show that they did not infringe on the plaintiff’s copyright. It’s then up to a judge or jury to decide which party is responsible based on the evidence presented.
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