Shannon Cousins
US
No favorite files added yet
(Oct 3, 2007 - 11:37 AM)
The "traditional rule" in civil cases requires that "the party initiating and seeking relief" bears the burden of proof. Not the accused. Maybe you need to go back to elementary school and finish it this time around...
(Oct 3, 2007 - 11:26 AM)
you're wrong...
Civil law
In civil law cases, the "burden of proof" requires the plaintiff to convince the trier of fact (whether judge or jury) of the plaintiff's entitlement to the relief sought. This means that the plaintiff must prove each element of the claim, or cause of action, in order to recover.
The burden of proof must be distinguished from the "burden of going forward," which simply refers to the sequence of proof, as between the plaintiff and defendant. The two concepts are often confused.
(Oct 3, 2007 - 11:16 AM)
"It's going to be *very* hard for her to prove she didn't upload songs to anyone else. Unless she has logs going back that far, either from Kazaa or her ISP... I just don't see this ending well"
She doesn't have to PROVE anything. Her innocence is assumed. The RIAA must prove that she DID what they are saying that she did. Why do you assume burden of proof falls on the accused?
(Feb 19, 2007 - 3:29 PM)
Ummmmm. This news broke like over a month ago. Is it a slow news day? The dude was fired in 2003 and the law suit was filed in 2004... I mean I realize that it is BIG news and being posted all over the place...
http://www.msnbc.msn.com/id/16212370/
(Oct 4, 2006 - 12:11 PM)
Great, Microsoft is contributing to global warming. What are BlackBeard and Jack Sparrow gonna use for an operating system now??? Damn you Microsoft and your discriminatory policies!