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In this lesson, you will learn the plaintiff\’s strategy at the Trial stage, the defendant\’s strategy at the Trial stage, and how to apply this to your case.
A trial is successful if it determines the liability or status of any party.
Plaintiff’s Strategy
Plaintiff’s strategy at the Trial stage:
- present the evidence in a way that surpasses the burden of proof on all claims
- defeat the defendant’s affirmative defenses
- defeat the defendant’s counterclaims
A plaintiff should successfully ensure all of these factors.
Defendant’s Strategy
Defendant’s strategy at the Trial stage:
- defeat the plaintiff’s claims
- present the evidence in a way that proves affirmative defenses
- present the evidence in a way that surpasses the burden of proof on counterclaims
A defendant should successfully ensure at least one of these factors.
Your Strategy
Take a moment to think about what YOUR strategy should be at the Trial stage.
- Does the evidence support or oppose the plaintiff’s claims?
- Does the evidence support or oppose the affirmative defenses?
- Does the evidence support or oppose the counterclaims?
You should answer these questions no matter whether you’re a plaintiff or defendant in the case.
Transcript
A trial is successful if it determines the liability or success of any party.
That is, a judgment is rendered in favor of the plaintiff or defendant.
The plaintiff has the burden of proof. Again, she must prove her case by a preponderance of the evidence.
The plaintiff\’s strategy at the trial stage is to present the evidence in a way that surpasses the burden of proof on all claims, defeats the defendant\’s affirmative defenses, and defeats the defendant\’s counterclaims.
The defendant\’s strategy at the trial stage is to present the evidence in a way that it defeats the plaintiff\’s claims, proves affirmative defenses, and surpasses the burden of proof on all counterclaims.
Now, it\’s your turn. Think about what your strategy should be at the trial stage.
Does the evidence support or oppose the plaintiff\’s claims?
Does the evidence support or oppose the affirmative defenses?
Does the evidence support or oppose the counter claims?
You should answer these questions no matter whether you\’re a plaintiff or defendant in your case.