Burden of Proof

Question 1

Jeff v. Wario’s Toolkit (1974)

Answer 1

Absent some special rule to the contrary, a plaintiff in a civil case must establish all the elements
of their claim by a preponderance of the evidence (i.e., establish that all elements are more likely
than not true).

Question 2

Haug v. Sanders (2002)

Answer 2

The fact finder may rely on both direct and circumstantial evidence. Direct evidence is testimony
by a witness about what that witness personally did, saw, or heard. Circumstantial evidence is
indirect evidence from which the fact finder may infer that another fact is true. Neither type of
evidence should be given categorically more weight than the other.