Module 5

Proof: who must prove what, how convincing it must be, the kinds of evidence, how to keep and organise it, and why a true story is not yet a proven one

People often say, ‘But I am right, and everyone knows it.’ A court does not decide on what is true; it decides on what has been proven. The difference is the whole lesson of this module. The law says who has to prove what, how convincing the proof has to be, and which kinds of material count as proof. A person with a strong claim and no evidence often loses to a person with a weaker claim and a good file. The good news is that evidence is mostly something you can collect yourself, early and cheaply, if you know what to keep. This module explains the burden and standard of proof, the kinds of evidence, the two ideas of hearsay and authenticity, and a habit that serves in almost every dispute: keep a dated record. It is general education for the United States and not legal advice.

General education about the legal system of the United States, using invented people and places. It states principles in simplified form and is not legal advice. The law differs by state and changes, and every case turns on its facts. If your matter is urgent, involves a large sum, your children, your home, your immigration status or your liberty, speak to a lawyer.