Who has the burden of proof in a securities arbitration hearing?
In a securities arbitration hearing in California, the claimant (the party bringing the case) has the burden of proof. This means that the claimant must provide sufficient evidence to convince the arbitrator that the defendant (the party being sued) is liable for the damages they are claiming. The claimant must show that the court or arbitration panel has jurisdiction over the matter, that the party is legally responsible for the damages being claimed, and that the defendant has failed to fulfill their legal duties. The claimant must also present evidence on the amount of damages, if any, that are owed either directly or vicariously. The claimant must provide the arbitrator with an argument and evidence that the defendant failed to meet their legal duties and that this failure resulted in the loss or damage claimed by the claimant. The burden of proof is on the claimant to show that the defendant had some legal responsibility in the matter and that the result of this responsibility is the damages claimed. The burden of proof is an important factor in a securities arbitration hearing, as it determines who has the responsibility to prove the case. The claimant must provide sufficient evidence to prove their claims in order to successfully resolve their case.
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