"Morphy's ghost" 
wrote in message
news:4227fe6b.17941468{at}newsgroups.bellsouth.net...
> In the year of our Lord 3 Mar 2005 21:42:18 -0800, "world observer"
>  wrote:
>
> >
> >Civil trials have totally different rules of evidence.  I've served on
> >several juries for civil matters and one criminal trial.  The burden of
> >proof is completely different.  (Remember O.J. and his civil vs
> >criminal case?)  The victim's past and motivation would have trumped
> >Kobe's sexual practices. If there was evidence of anal sex, ejaculating
> >on her face, many people wouldn't need to hear much more.

If I were a juror that would reinforce my perception that she's an even
bigger whore.


  That mind
> >picture would carry much more weight than any esoteric discussion about
> >motivation.
> >
>
> The legal standard in a civil case is that the facts are determined by
> a "preponderance of the evidence."  That is a much lower standard than
> in a criminal trial.

Sometimes the case has to be proved by "clear and convincing evidence" but
clearly the Plaintiff has the advantage in a civil case and the jury does
not have to be unanimous, it's usually 5 out of 6 or in some places 4 out of
6. So basically  you have to convince 4 jurors that your version of events
is more likely than your opponent's.



>
>
>
> The enemy fight in chains, invisible chains, but heavy;
> Their minds are fetter'd; then how can they be free,
> --  William Blake




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