Burden of Proof
An affirmative defense is a legal defense used in criminal law cases as well as lawsuits between private parties. Depending on the specifics of a case, affirmative defenses can also be called justification defenses or less often, excuse defenses. Simply put, affirmative defenses are used to avoid, excuse or limit liability in a criminal or civil case.
Movies and television often use legal terms like “burden of proof” as plot devices and bend their meanings a bit to create more drama. Phrases such as “proving beyond a shadow of a doubt” do not exist in the legal world despite their enduring popularity in TV and movie scripts. If a personal injury case in Florida goes to a civil jury trial, cases must be proven through a phrase that does exist in the legal world, “preponderance of the evidence.” For a more detailed explanation of burden of proof, preponderance of evidence or another legal term, contact experienced Orlando personal injury attorney James O. Cunningham. Many of these legal terms are not easily accessible, and if you or someone you care for has been injured, you really should have a Central Florida personal injury lawyer explain them in detail.