What is the burden of proof in a class action lawsuit?
In a class action lawsuit in California, the burden of proof required for the case to proceed is known as the “preponderance of the evidence”. This means that for the case to be successful, the plaintiffs must be able to prove that, more likely than not, the defendant (or defendants) did commit the acts in question. This type of burden of proof is lower than the standard required in other types of cases, such as criminal cases, which require “beyond a reasonable doubt”. To meet the burden of proof, the plaintiffs must present evidence that proves the facts of their case, including all the claims or allegations of wrongdoing. Evidence can come in the form of witness testimonies, documents, and other types of physical evidence. The evidence must rationally connect to the claims being made and must show that the allegations are more likely true than not. The evidence should be clear, convincing, and reliable. To meet the burden of proof and win a class action lawsuit, the plaintiffs must prove to the court that they have a valid claim and can show that a preponderance of the evidence points to the defendant’s liability. If the plaintiffs can do this, the defendant is liable for damages and the class action lawsuit is successful.
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