Movie Review : ' The Burden Of Proof ' Essay
2. The defendants are John Looney and Sally Tunes.
3. The burden of proof is on Tina Tippett, the plaintiff in the case. Tina Tippett is obligated to prove all elements of her claim, against John Looney and Sally Tunes, to the court. In a civil matter the plaintiff is required to prove that the defendants are liable, and therefore the defendants do not have a burden placed on them to refute the facts of the plaintiff’s case. In addition, the defendants are not required to submit their own evidence.
4. In a civil matter, the standard of proof is weighed on a balance of probabilities. The trier of fact (judge) must consider all evidence submitted by both parties and render a verdict based on which party has successfully proven their case. The case is being decided on a balance of probabilities because the defendants do not face any jail time.
5. The court must determine if there was a minor breach of contract by Tina Tippett when she failed to meet the specific terms of the contract that John Looney and Sally Tunes signed. John Looney and Sally Tunes originally contracted Tina Tippett to provide the following; transportation from the airport to the resort, an ocean facing luxury suite, use of swimming pools and beaches, as well as drinks and different themed meals included. The couple was also offered a steak and lobster dinner, followed by a swim with dolphins, for an additional $500.00. The trier of fact will have…