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join:2002-03-03
Margate City, NJ
clubs:
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| reply to bentman78
Re: uh huh
said by bentman78  :I disagree...the burden of proof is on the plaintiff. They have to prove beyond a reasonable doubt he downloaded the stuff.... not sure if they use jurors in civil cases or not In civil law there is no such thing as "beyond a reasonable doubt". That is purely a criminal standard. In civil law the standard is a "preponderance of the evidence". And that means there can be evidence against the plaintiff, but if the plaintiff has MOST OF the evidence, they can still win.
Many trials in civil court are heard just by judges, but a jury trial can be demanded by the defendant(except in small claims court). The disadvantage of a jury trial is that if the defendant loses, they also get to pick up all the significant costs of a jury trial as well.
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radarman
join:2005-06-01
Odenton, MD
| Actually, for most people, there is an even lower standard - can they afford the first day of court?
The bottom line is, you can easily spend more than the settlement would cost just walking through the door with a halfway competent attorney.
This is how the RIAA manages to extort so much money - they know that the people they are suing can't afford a real legal battle, and the people they are suing realize it as well. In most cases, they are probably guilty of what they are being accused of - but it really doesn't matter, does it?
This is why a lot of scam artists threaten to sue when someone reveals their scheme on the Internet. It is cheaper to back off than risk going to court. | |
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