Are there any differences between the rules of evidence in a traditional court and in a securities arbitration hearing?
Yes, there are differences between the rules of evidence in a traditional court and in a securities arbitration hearing. In a traditional court, there are generally two categories of evidence allowed: direct and circumstantial. Direct evidence is evidence that directly supports a fact in dispute, such as an eyewitness account or a document. Circumstantial evidence is evidence that tends to support a fact in dispute, but does not directly prove it, such as expert testimony. In contrast, the rules of evidence in a securities arbitration hearing are generally more relaxed. In securities arbitration, any evidence that is relevant and reliable can be admitted. This includes evidence that would not be allowed in a traditional court, such as hearsay. Hearsay is a statement made outside of court by someone other than the witness who is testifying. Generally, hearsay is not allowed in court because it may not be reliable. Additionally, in securities arbitration, the burden of proof is lower than it is in a traditional court. In traditional court, the burden of proof is “beyond a reasonable doubt,” meaning that the facts must be proven to a very high standard. In securities arbitration, the burden of proof is “preponderance of the evidence,” which is a lower standard. This means that the facts must be proven to a greater degree than in a traditional court. In summary, there are differences between the rules of evidence in a traditional court and in a securities arbitration hearing, which are generally more relaxed. The burden of proof is also lower in securities arbitration than in a traditional court.
Related FAQs
How does FINRA investigate and adjudicate disputes?Is there a right to a jury trial in a securities arbitration case?
Is there any way to avoid the costs associated with securities arbitration?
Is there a way to expedite the hearing of securities arbitration claims?
What happens if the parties to a securities arbitration case do not agree to a settlement?
What is the process for submitting an award to a court following a securities arbitration?
Does a securities arbitration panel have the power to award punitive damages?
How do I initiate a securities arbitration claim?
How are the costs of securities arbitration disputes divided?
Are there any grounds for setting aside a securities arbitration award?
Related Blog Posts
A Guide to Understanding Securities Arbitration Law - July 31, 2023Navigating Your Securities Arbitration Case: Step-by-Step Guide for Investors - August 7, 2023
Securities Arbitration: How to Make the Most of Your Claim - August 14, 2023
Securities Arbitration 101: Understanding the Basics of Investor Claims - August 21, 2023
Explaining the Role of Arbitrators in the Securities Arbitration Process - August 28, 2023