6.3 Flashcards
What is the burden of proof?
The responsibility that a party has to prove the facts of the case
Who has the burden of proof in a civil dispute?
The plaintiff. However, the defendant can hold the burden of proof if they make a counterclaim
What is the standard of proof?
The degree of the extent which a case must be proved in court
What is the standard of proof in a civil dispute?
The balance of probabilities, which requires the plaintiff to establish that their version of facts are more probable than not
What are representative proceedings?
A legal proceeding in which a group of people who have a claim based on similar or related facts bring that claim to the court in the name of one person (aka class action or group proceeding)
Who is the lead plaintiff?
The person named as the plaintiff in a representative proceeding and who represents the group memebers
What is a group member?
A member of the group who is apart of a representative proceeding
What are the different types of representative proceedings?
- shareholder class actions
- product liability class actions
- natural disaster class actions
