Litigation
Ca. Litig. Rev. 2020
Content
- 2020 Adr Case Review
- Appeals and Writs
- Art Law
- Class Actions: the Many-Headed Hydra of App-Based Driver Classification
- Employment Law: Statutory and Regulatory Changes
- Ethics
- Evidence - Appellate Court Standards of Proof
- Insurance Law
- Intellectual Property
- Justice Carol a. Corrigan
- Masthead
- Military and Veterans in the Law, 2020
- Table of Contents
- Evidence - Trial Court Burdens of Proof
Evidence – Trial Court Burdens of Proof
By Justice Brian M. Hoffstadt
Calibrating the Scales of Justice
We are all familiar with the iconic depiction of Lady Justice—her eyes blindfolded, one arm aloft and bearing scales, the other at her side holding a sword. We also all know that her blindfold symbolizes impartiality; her scales, the weighing of evidence; and her sword, the swift and final execution of her judgment.
But how, exactly, are Lady Justice’s scales calibrated? Who decides—and how do they decide—which way the scales tip, and by how much they tip, when the trier of fact is weighing the evidence?