Most are familiar with the standard for criminal prosecution, ‘beyond reasonable doubt’, and that no other logical explanation can be derived from the facts as presented that the defendant committed the crime. Prosecution bears the burden of proof, providing sufficient evidence to prove guilt according to this standard. In the civil litigation, the standard is ‘preponderance of evidence’ and does not necessarily mean the amount of evidence presented, but is based on convincing evidence and its probable accuracy and truth. In other words ‘it just sounds right‘.
Clear & Convincing Evidence Definition
Legalize also introduces the concept of ‘Clear and Convincing Evidence’, a higher standard than preponderance of evidence but falls short of reasonable doubt, and is used to establish the preponderance of evidence standard. Clear and Convincing means that the evidence and facts presented are substantially more probable to be true. The Tier of Fact, judges and juries’ must have a firm belief or conviction it is fact. Operating under these standards the civil investigator must collect a body of convincingly true evidence to support a client’s allegation or
defense. There are two tracts open to the investigator: First gather true and pertinent facts, testimony and evidence to support the position of the client. Second find convincing information that will cast doubt on the voracity of the adversary’s evidence and witnesses. Civil litigation also may employ ‘expert’ witnesses to interpret or clarify evidence.
Due Diligence Process
One of the issues is ‘due diligence’ or actions taken by the parties involved to substantiate and verify the efficacy of the contract, investment or other agreements. It is the evolving standard that any person or entity has a responsibility to gather the facts to ensure success. Lack of due diligence may lower your approbation regarding the court. Lack of due diligence may weaken your case. Potential evidence must be scrutinized for any type of alteration, tampering or fictional production. Access to original documents is desired. Documents must be in context with the facts alleged in the litigation. Accuracy and interpretation of facts can be instrumental in court. Needless to say, each fact can be spun to support or deny any allegation. It is the preponderance of all the evidence that supports and contributes to voracity of the evidence presented.
Witness Interviews & Prima Facie Evidence
Potential witnesses and principles need to be identified. The investigator will conduct interviews. Each item of evidence has a witness or someone with technical expertise attached to it. A history of the evidence needs to be conducted. Where, what, when, how and who. A custodial record will document and transfers of the evidence, if physical and create a ‘chain of evidence’. Every business should have someone who’s responsibility is to certify the document to be true and genuine and representing the facts attested to. Prima facie (Latin ‘first sight’) is that evidence that is deemed sufficient to establish a fact or raise a presumption. Prima facie evidence presumed unless disproved or rebutted. Most civil litigation centers around domestic or business-related issues. After all a divorce is a civil action to void the ‘contract’ of marriage. Business issues are those related to contracted services and issues, generally. However, many governmental regulatory agencies enforce regulation through civil actions.
Civil Private Investigator Services in Greater Miami, Sunny Isles, Fort Lauderdale, Boca Raton & Miami Gardens Florida
Advanced Private Investigator & Security of Miami FL
Civil litigation is expensive, in many cases you get little return, if your attorney is going to relieve you of a third of the judgement. Proper documentation is the key to success. Memos, reports, contracts all contribute to support your claim if you must deal with civil litigation. Contact Advanced Private Investigator & Security of Miami FL for all your private investigator and security needs.
