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Everything on The Legal Storyboard, organised by topic.

Evidence and Proof

• Admissibility vs Weight of Evidence: Two Separate Questions — Admissibility is the judge's decision about whether evidence may be considered at all; weight is how much admitted evidence counts, which the jury decides…
• What Does Authentication of Evidence Mean? — Authentication of evidence means showing that an item is what the party offering it claims it is, such as a particular person's letter or a recording of a…
• Direct vs Circumstantial Evidence: What Each One Proves — Direct evidence proves the fact in question without an extra reasoning step: if the judge or jury believes it, that fact is established.
• Hearsay vs Non Hearsay: Why the Purpose Decides — Under Federal Rule of Evidence 801(c), an out-of-court statement is hearsay only when it is offered to prove the truth of the matter it asserts.
• What Is Judicial Notice? The Exact Fact a Court Accepts — Judicial notice is the way a court accepts a fact as established without requiring proof through testimony or exhibits.
• Original vs Duplicate Evidence in Federal Court — Under the Federal Rules of Evidence, an original is the writing, recording, or photograph itself, or a counterpart intended to have the same effect; for…
• Types of Evidence in Civil Court: A Federal Vocabulary Map — In federal civil court, evidence usually takes the form of sworn witness testimony, exhibits such as documents, recordings, photographs, electronic data…

Dispute Options

• Alternative Dispute Resolution Processes: How to Read Them — Alternative dispute resolution (ADR) processes resolve disputes with a neutral third party instead of a judge deciding the case.
• Early Neutral Evaluation vs Mediation: Key Differences — Early neutral evaluation (ENE) and mediation are both confidential, non-binding court ADR processes, but they produce different things.
• Mediation Confidentiality vs Admissibility of Evidence — They are different questions. Confidentiality rules restrict who may hear about or use what happened in a mediation; admissibility rules decide whether a…
• Mediation vs. Arbitration: Key Differences — A mediator facilitates negotiation but generally does not decide the dispute; the parties choose whether to settle.
• Mediator Conflict of Interest Disclosure: How to Read One — A mediator conflict of interest disclosure is the statement in which a neutral reveals relationships, interests or facts that could reasonably raise a…
• What Is a Caucus in Mediation? Joint vs Private Sessions — A caucus in mediation is a private meeting between the mediator and one side, held apart from the joint session where all participants meet together.
• Settlement Conference vs Mediation: Who Runs Each — Both are confidential, non-binding sessions where a neutral helps the parties try to negotiate a settlement; neither neutral can impose one.

Court Basics

• Burden of Proof: Civil vs. Criminal Cases — In U.S. courts, the prosecution generally must prove criminal guilt beyond a reasonable doubt.
• Can the Burden of Proof Shift? Presumptions and Defenses — Yes, but usually only part of it. The burden of production, meaning the duty to put forward enough evidence on an issue, can move to the other side…
• Burden of Proof vs. Standard of Proof — The burden of proof identifies the party responsible for establishing a disputed point; the standard of proof identifies the required degree of persuasion.
• Clear and Convincing Evidence: Meaning and Scope — Clear and convincing evidence requires firm conviction that the disputed allegations are true. Its application depends on the issue and jurisdiction; the U.S.
• Legal Burden vs Evidential Burden: Two Different Tasks — An evidential burden concerns whether enough evidence has been raised for a matter to be considered; a legal, or persuasive, burden concerns proving that…
• Motion to Dismiss vs. Summary Judgment — In U.S. federal civil practice, a Rule 12 motion to dismiss often tests whether a complaint can proceed as pleaded or raises a threshold defense.
• The Three Standards of Proof Explained — The three commonly recognised trial standards are preponderance of the evidence, clear and convincing evidence, and beyond a reasonable doubt.
• Why Criminal Trials Need a Higher Standard of Proof — A criminal trial requires a higher standard of proof because a wrongful conviction can cost an innocent person their liberty and stigmatizes them as a…