Bookmark and Share
Previous article

News Articles

  • Burden of Proof
  • 06/02/2016 Make a Comment
  • Contributed by: Charles ( 12 articles in 2016 )
'The burden is always on the party asserting a fact or law to prove what he asserts. It's never your job to disprove what he asserts! ONUS PROBANDI, evidence. It is a general rule, that the party who alleges the affirmative of any proposition shall prove it.

Who Must Do What and Why! You must understand who has the burden of proof ... and why it matters! If you're being sued, the other side has the burden of proof. If the other side files a motion, they have the burden of proof. Knowing who has the burden is critical. But, sometimes the burden shifts back-and-forth. Knowing how to shift the burden is power to win!

Don't be victimized by lawyers tricking you into thinking the burden is yours, making you struggle to “disprove” a fact or the application of law ... when the burden is not on you!

In more than 27 years as a case-winning lawyer, I've won many cases simply by forcing the court to require my opponent to “put up or shut up”.

Think how this can be applied to foreclosure or credit card cases! A credit lender asserts his alleged debtor owes, and far too often the alleged debtor spins his wheels trying to prove he doesn't owe ... instead of forcing the creditor to prove what he claims or be dismissed!

ACCEPT, DO NOT ARGUE, JUST VERIFY. THIS IS THE REAL POWER. BRING SOMETHING TO BACKUP WHAT YOU ARE SAYING. The Burden of proof is on the claimant. If you rebut every point with evidence you are arguing and will lose. Stay in honour, accept with verification. Turn it back on them. It's not about you, it's about them.'

****
The Burden of Proof ...
Who Must Do What and Why!
How to Win in Court
You must understand who has the burden of proof ... and why it matters!
Win with Jurisdictionary!If you're being sued, the other side has the burden of proof.
If the other side files a motion, they have the burden of proof.
But, sometimes the burden shifts back-and-forth.
Knowing who has the burden is critical.
Don't be victimized by lawyers tricking you into thinking the burden is yours, making you struggle to "disprove" a fact or the application of law ... when the burden is not on you!
The burden is always on the party asserting a fact or law to prove what he asserts.
It's never your job to disprove what he asserts!
In more than 27 years as a case-winning lawyer, I've won many cases simply by forcing the court to require my opponent to "put up or shut up".
Think how this can be applied to foreclosure or credit card cases! A credit lender asserts his alleged debtor owes, and far too often the alleged debtor spins his wheels trying prove he doesn't owe ... instead of forcing the creditor to prove what he claims or be dismissed!Learn from Jurisdictionary step-by-step
Knowing how to shift the burden is power to win!
Why be tricked by other members of my profession?
Learn more about the burden and more at How to Win

https://www.facebook.com/permalink.php?id=373758052741216&story_fbid=467556990027988

https://www.howtowinincourt.com/?refercode=GM0018

Maxim of Law:
Ei incumbit probatio qui dicit, non qui negat.
The burden of the proof lies upon him who affirms, not he who denies.

Source: https://livingintheprivate.blogspot.com.au/p/the-burden-of-proof.html


     5+7= 
    (Note: If wrong - comments will not be posted)
    Footnotes:

    1Will not be visible to public.
    2Receive notification of other comments posted for this article. To cease notification after having posted click here.
    3To make a link clickable in the comments box enclose in link tags - ie.<link>Link</link>.
    4To show an image enclose the image URL in tags - ie.<image>https://fredspage.com/box.jpg</image>. Note: image may be resized if too large

    To further have your say, head to our forum Click Here

    To contribute a news article Click Here

    To view or contribute a Quote Click Here

    Hosting & Support by WebPal© 2021 f4joz.com All rights reserved.