Phase 2. Required Probability
In Phase 2 the court ascertains the standard of proof which the plaintiff or
prosecution has to meet for the cause of action. We call this X%. The rules
that determine this have been discussed in the preceding parts of this chapter.
In summary there are three possibilities:
(1)
For a civil case the standard is 51%.
(2)
For a criminal case the standard is proof beyond reasonable doubt. This is
not conventionally expressed as a number but our illustrative guess is 99%.
(3)
For special cases where a statute has specified the standard, the
standard is whatever the statute says.
Phase 3. Comparing the Probabilities
In Phase 3 the court compares P%, the standard of proof established by the
plaintiff or prosecution, with X%, the standard of proof which is required for
this cause of action. When it does this there will be one of two outcomes:
(1)
If P is equal to, or greater than, X, the plaintiff or prosecution wins and
the defendant loses.
(2)
P is not equal to, or greater than, X, (that is, it is less than X) the plaintiff
or prosecution loses and the defendant wins.
 |
 |
 |