LogFAQs > #914149345

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Topiclol the American court system is fun
Dynalo
12/14/18 11:40:45 PM
#35:


zebatov posted...
Man. The burden of proof is on them. You don't even need a lawyer for this one. Easy-peasy.


Depends on the issue. In cases like this, where the defendant will obviously just say "I didn't know", the level of proof required is convincing the judge that a reasonable person would have known about it. They don't need an admission from you or hard concrete proof, just enough to pass "beyond a reasonable doubt".

And on top of that, the odds of winning a counter-suit or getting your lawyer fees back are pretty slim as they often only award that when a lawsuit is either malicious or frivolous (i.e. they knew they had no case and were wasting everyone's time). People often have this false illusion that if they win the court case they automatically get the other person to pay for their legal fees.

So basically, assuming this topic is true, he's pretty much fucked and should probably take settlement as he's not guaranteed to win the lawsuit, and even if he does it could potentially cost him even more in fees.
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