Father’s Day 2023 Is Approaching: Reconnecting and Celebrating the Bond

Father’s Day is a special occasion that allows us to honor and appreciate the vital role fathers play in their children’s lives. But for those experiencing parental alienation, this day can evoke a range of emotions as it sheds light on the challenges they face in maintaining a meaningful relationship with their children. In this blog post, we’ll explore practical tips and ideas for fathers navigating Father’s Day amidst parental alienation, to rekindle the bond and create memorable experiences.

What is “Collateral estoppel”?

Issue preclusion, also known as "collateral estoppel," refers to the principle that a final judgment on a particular issue prevents the same parties or their privies from relitigating that issue in a subsequent lawsuit.

What is “Unjust Enrichment”?

Unjust enrichment is a legal concept that refers to situations where one party has been enriched at the expense of another party, without a legal justification for that enrichment.

Latin Legal Terms: Res Judicata

Res judicata is a Latin term that means "a matter judged" or “a matter decided.” It is a legal doctrine that prevents parties from re-litigating issues

Latin Legal Terms; Nunc Pro Tunc

Nunc pro tunc is a Latin term that means "now for then." It's a legal term that refers to the ability of a court to retroactively correct an error in a judgment or order to reflect

What is a Lien?

A lien is a legal claim that a person or business can make against a property to ensure that they get paid for work they've done or materials they have supplied. Liens are often

Latin Legal Terms: In Loco Parentis

In loco parentis is a Latin term that means "in the place of a parent." It's a legal doctrine that applies to situations where an individual or entity assumes the responsibilities and functions of a parent.

Understanding Hearsay

Objection. Hearsay. If you've been involved in a contested trial (or watched a legal show on TV), you have probably heard this word come up. But what exactly

What Are  Process Servers and What Do They Do?

If you have ever been involved in a legal proceeding, you likely have heard the term "process server" mentioned. Process servers play an important role in the legal system,

What Is a Burden of Proof?

There are more than 100 million civil and criminal cases filed every year. And while a vast majority never go to court, approximately 400,000 do.

During these trials, evidence is essential–it’s how someone retains innocence or is proven guilty. But who is responsible for evidence?


The burden of proof often lies with the plaintiff, but depending on the situation, the defendant may also have to provide evidence.


Defining the Burden of Proof

In short, the burden of proof is evidence. However, depending on the case, there are different amounts of the required evidence. Nonetheless, all burdens of proof have two things in common: burden of production and burden of persuasion.


The Burden of Production

The part of the proof is the manifestation of evidence. The plaintiff must present sufficient amounts of evidence for the case against the defendant.

There is no case without some evidence to support the plaintiff’s claim. The defendant must explain why the evidence does not prove their guilt.


The Burden of Persuasion

In the United States, the defendant is innocent until proven guilty.

Therefore, when the plaintiff presents evidence, they must also persuade the judge and jury that the evidence is sufficient to support their claim against the defendant.

This persuasive step is crucial in proving guilt as it’s the only way to indict someone of a crime or misdemeanor.

Additionally, the defendant must explain how the evidence doesn’t indict them and how they are innocent of the claim.


Standards of Proof in the United States

When the plaintiff presents their evidence and attempts to persuade the judge and jury, there are multiple standards they must meet depending on their case and the court’s level.

There are three primary standards for most cases: preponderance of evidence, clear and convincing evidence, and beyond a reasonable doubt.


#1: Preponderance of Evidence

Most often used in family court, “preponderance of evidence” is when the plaintiff presents substantial evidence to prove that their argument is more accurate than the defendant.

“Preponderance of evidence” produces enough evidence to show another person is responsible for damages.


#2: Clear and Convincing Evidence

This next standard requires that all the evidence presented in a trial is highly and sustainably valid. “Clear and convincing evidence” is necessary for greater believability in civil cases.


#3: Beyond a Reasonable Doubt

The most well-known standard is “beyond a reasonable doubt.” This standard is used strictly in criminal cases because it requires the production of proof and persuasion to be so great that there is no room for doubt in the jury’s collective mind.

This standard is challenging because it puts the legal burden on the plaintiff to provide credible evidence and explanation to show that the defendant committed a crime.


How Can We Help You?

Whether you are involved in a civil case or criminal trial, you must have a team ready to fight by your side. The burden of proof rests on you as the plaintiff. When emotionally invested in a case, it’s hard to find sufficient evidence on your own.

The attorneys at Hickey and Hull Law Partners are ready to help you build a case to prove your claim or defense. Contact us today for a free case review.