I could file a lawsuit tomorrow alleging you sexually assaulted me last night. At trial, the only proof I introduce could be my testimony on the stand: “WildRose sexually assaulted me on the night of September 25, 2018. I suffered an injury as a result.” The jury is permitted to accept that testimony, by itself, as evidence the allegation is true. You are incorrect.
I think what you’re trying to say is you haven’t seen non-testimonial corroborating evidence, which I have not seen either, but that is to be expected, especially at this very early juncture.
They don’t start over with each new background check.
Why didn’t the pick up the sexual harrassment claims? Ever heard of the term “failed background check?” There’s no guarantee that they always find everything there is to find.
No, I’m completely correct, at that point the jury simply considers the credibility of the people involved and has to make a decision.
The verdict only says which they believed if either not whether or not there was any proof behind the allegation other than the credibility of those involved.
In such cases both sides will present evidence as to the credibility of the accuser and the accused.
Even if they find in your favor it doesn’t prove the allegation is true, only that they found one side to be more credible than the other.
The burden of proof in a civil trial is preponderance of the evidence, which literally (and I try to use this word sparingly, but it is apt here) means the jury finds the allegations “more likely than not true.” So, uh, yea, if the jury rules in my favor, by definition it means they found the allegation true.
Or, wait, are you just making the captain obvious point that just because a party wins a civil case, that doesn’t mean the underlying claim was 100% true? Because, duh.
You are conflating the allegation with the testimony. They are two distinct things. The allegation takes the form of the pleading, i.e. the Complaint, in which I assert the causes of action against you. The pleading = the allegation.
My testimony at trial is evidence the allegation asserted in my pleading is true, which allegation a jury must have “more likely than not” found true in order to rule in my favor. The testimony = the evidence.
This is like me trying to explain to you how the inside of an AR-15 works. I wouldn’t try to do that because I’d look like an idiot.
And once again, it is the credibility of the witnesses in such a case that determines how the case comes out. The more credence is given to the more believable person largely as determined by the evidence presented supporting their credibility.
