2 ms·
True, but usually the onus is on plaintiff to demonstrate the affirmative. The prison guard's story was very weak in demonstrating that "famous artist" Peter Do
by sverige 10y ago
True, but usually the onus is on plaintiff to demonstrate the affirmative. The prison guard's story was very weak in demonstrating that "famous artist" Peter Doig was the same as "unknown prison artist" Pete Doige, especially given that Peter Doig had no incentive for disavowing a work he had already sold. "Embarrassment" caused by imprisonment or drug use are hardly motivators for artists. Some use those kinds of things as career enhancers.
- dragonwriter 10y ago> True, but usually the onus is on plaintiff to demonstrate the affirmative. As it was here. The thing is any evidence (however weak) that a claim is true, if uncountered, can suffice for proof by a preponderance of the evidence for the claim. So, it doesn't take strong evidence to create some burden for the defense to disprove the plaintiffs claim, but the degree of proof necessary is set by the strength of the plaintiff's evidence, since the standard is preponderance of the evidence.