5 ms·
It really baffles me how in the U.S. the prosecution of criminal cases puts the burden of proof on the prosecution while in civil cases, the burden is on the de
by Osiris 9y ago
It really baffles me how in the U.S. the prosecution of criminal cases puts the burden of proof on the prosecution while in civil cases, the burden is on the defendant to disprove the allegations.
That seems so backwards to me.
- perl4ever 9y agoWhy do you say "the burden is on the defendant"? The usual description is that "the plaintiff has the burden of proving their case by a preponderance of the evidence".
- tuna-piano 9y agoTrue from a law perspective, but think about this case. The site had made $45. Just the threat of a lawsuit (that Southwest might not have won) was enough to shut them down. If you fight a big company like Southwest, even if you win, you probably lose (legal fees, concentration, etc).