All articles
Everything on The Legal Storyboard, organised by topic.
Court Basics
- Burden of Proof: Civil vs. Criminal Cases — In U.S. courts, the prosecution generally must prove criminal guilt beyond a reasonable doubt.
- 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.
- 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.
Dispute Options
- Mediation vs. Arbitration: Key Differences — A mediator facilitates negotiation but generally does not decide the dispute; the parties choose whether to settle.