Trial and “persuasive evidence”

You must do your own work and use Turnitin. I will not accept any paper that has any cut and paste material. No headers, no titles.

Like all papers you’ll submit, formatting is: 1” margins all around, double spaced, Times New Roman 12-point font.

There is a 5 full page minimum… at least one page per question. The more work you do, the better your score. I can tell when a student has done the work and when they have waited until the last minute to throw something together. Don’t be in that latter group.

Question 1:

In every trial there is evidence. Evidence may be witnesses, documents, tangible items, photographs or videos, etc. Some evidence helps the court (either judge or jury) decide who should win. Other evidence doesn’t do much to influence the decision maker because the evidence isn’t considered very important. The very best evidence is known as “persuasive evidence.” First, do your own independent research and identify what “persuasive evidence” is. Then, imagine a trial that concerns an applicant that alleges that an employer denied her a job because of her religious beliefs. What might be the most “persuasive evidence” in such a case?

Question 2:

In every civil case the parties have an obligation to present evidence in an attempt to persuade the judge or jury to decide the case in their favor. Each side’s evidence will be “weighed” against the other side’s evidence. Imagine a scale with evidence on each side. One side of the scale will be “weighed” down with a greater amount of evidence…meaning the judge or jury likes that side’s evidence more than the other side’s. In law, the winner of a civil lawsuit has the “preponderance of the evidence”…which is also known as the “burden of proof” in a civil case (the burden of proof in a criminal case is: beyond a reasonable doubt…which isn’t relevant to Employment Law). Do your own independent research and further identify what “preponderance of the evidence” and “burden of proof” mean. Explain how they relate to each other.

Question 3:

In every civil dispute there is a period of time known as “discovery” that occurs before the trial. It is the usually the longest period of time in every civil dispute. Do your own independent research and: 1) define what “discovery” is, 2) describe what occurs during “discovery”, and 3) identify some important rules that exist during “discovery

rial

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